Halford v. The People

Filing 4

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/26/2015 ORDERING the Clerk to randomly assign a district court judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J. DOUGLAS HALFORD,

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No. 2:14-cv-1827 AC P

Petitioner,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

THE PEOPLE,

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Respondent.

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Petitioner, a state prisoner at California Medical Facility, has filed a document styled as a

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“motion” seeking an extension of time to file an application for writ of habeas corpus. On August

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12, 2014, the court granted petitioner 30 days to file a petition for writ of habeas corpus, or suffer

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dismissal of this matter. The same day, the Clerk of the Court sent petitioner the court’s form for

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filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a

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prisoner.

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Petitioner has not filed a petition nor given any explanation for his failure to do so.

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Accordingly, IT IS HEREBY ORDERED that the Clerk randomly assign a district court

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judge to this case.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. 636(b)(l). Within twenty-one days
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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: January 26, 2015

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