Kruse v. Madsen

Filing 6

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/12/15 ORDERING that the Clerk of the Court is directed to assign a district judge to this case. It is RECOMMENDED that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL DOUGLAS KRUSE,

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Petitioner,

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v.

No. 2:14-cv-02393-KJN P

ORDER AND

BARBARA MADSEN,

FINDINGS AND RECOMMENDATIONS

Respondents.

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On October 10, 2014, petitioner, a state prisoner proceeding without counsel, filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed November

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14, 2014, petitioner’s application was dismissed and thirty days’ leave to file an amended

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application was granted. The thirty day period has now expired, and petitioner has not filed an

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amended application or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign
a district judge to this case.
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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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. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Petitioner is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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Dated: January 12, 2015

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krus2393.fta.hab

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