Santana v. Frauenheim

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/24/2015 RECOMMENDING that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). Referred to Judge Garland E. Burrell, 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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CESAR SANTANA,

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No. 2:14-cv-2460 GEB CKD P

Petitioner,
v.

FINDINGS AND RECOMMENDATIONS

SCOTT FRAUENHEIM,
Respondents.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On December 29, 2014, respondent filed a motion to

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dismiss. On February 10, 2015, petitioner was ordered to file an opposition or a statement of

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non-opposition to the pending motion within thirty days. In the same order, petitioner was

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informed that failure to file an opposition would result in a recommendation that this action be

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dismissed pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired, and petitioner

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has not responded to the court’s order.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed pursuant to Federal Rule of Civil Procedure 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, any party 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.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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

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Dated: March 24, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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sant2460.146.146frs

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