Bowman v. Unknown
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/15/2014 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING that this action be dismissed for petitioner's failure to file a habeas corpus petition as ordered by the court. Assigned and Referred to Judge Morrison C. England, Jr.; Objections due within 14 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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JAMES BOWMAN,
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Petitioner,
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No. 2:14-cv-2065 KJN P
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
UNKNOWN,
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Respondent.
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Petitioner is a state prisoner proceeding without counsel. On September 5, 2014,
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petitioner opened this action by filing a document seeking an extension of time to file a habeas
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corpus petition. (ECF No. 1.) On September 17, 2014, the undersigned granted petitioner thirty
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days to file a habeas corpus petition that complies with the requirements of the Rules Governing
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Section 2254 Cases, the Federal Rules of Civil Procedure and the Local Rules of Practice. (ECF
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No. 3.)
On October 29, 2014, the undersigned granted petitioner a thirty day extension of time to
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file his habeas corpus petition. (ECF No. 5.) Thirty days passed and petitioner did not file a
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habeas corpus petition.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district
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judge to this action; and
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////
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IT IS HEREBY RECOMMENDED that this action be dismissed for petitioner’s failure to
file a habeas corpus petition as ordered by the court.
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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 fourteen days
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after being served with these findings and recommendations, petitioner may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: December 15, 2014
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Bow2065.156
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