Love v. Knipp

Filing 38

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/25/2015 RECOMMENDING that this action be dismissed pursuant to Fed.R.Civ.P. 41(b). Referred to Judge John A. Mendez; 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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DANTE L. LOVE,

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No. 2:14-cv-2817 JAM CKD P

Petitioner,
v.

FINDINGS AND RECOMMENDATIONS

WILLIAM KNIPP,
Respondent.

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

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corpus under 28 U.S.C. § 2254. On May 18, 2015, respondent filed a motion to dismiss. On June

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29, 2015, the court ordered petitioner to file an opposition or statement of non-opposition to the

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motion. Petitioner was warned that failure to do so would result in a recommendation that this

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action be dismissed for failure to follow court orders pursuant to Federal Rule of Civil Procedure

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41(a). The time for filing an opposition or statement of non-opposition has now expired without

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petitioner filing an opposition or statement of non-opposition.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to
Rule 41(b) of the Federal Rules of Civil Procedure.

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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.” In his objections petitioner

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may address whether a certificate of appealability should issue in the event he files an appeal of

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the judgment in this case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district

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court must issue or deny a certificate of appealability when it enters a final order adverse to the

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applicant). Any response to the objections shall be served and filed within fourteen days after

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service of the objections. The parties are 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: August 25, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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love2817.frs

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