Garcia v. United States of America

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/14/2015 RECOMMENDING that this action be dismissed without prejudice. 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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ARTURO GARCIA,

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Petitioner,

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No. 2:15-cv-723-MCE-EFB P

v.

FINDINGS AND RECOMMENDATIONS

UNITED STATES OF AMERICA,

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Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On April 7, 2015, the court ordered petitioner to, within 30 days,

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pay the $5.00 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma

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pauperis and submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a).

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That order warned petitioner that failure to comply with the order would result in a

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recommendation of dismissal. The time for acting has passed and petitioner has not paid the

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filing fee, requested leave to proceed in forma pauperis, or otherwise responded to the court’s

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order.

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Accordingly, 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 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 served and filed 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. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez

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v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: May 14, 2015.

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