Steele v. Katavich

Filing 42

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/14/17 RECOMMENDING that petitioner's application for a writ of habeas corpus be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUSTIN STEELE,

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No. 2:15-cv-1836 TLN KJN P
Petitioner,

v.

FINDINGS & RECOMMENDATIONS

JOHN N. KATAVICH, Warden,
Respondents.

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Petitioner is a state prisoner, proceeding without counsel. On October 5, 2017, the district

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court denied petitioner’s motion for stay, dismissed the mixed petition, and directed petitioner to

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file an amended petition raising only his exhausted claims (7), (8), and (11), within thirty days.

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Thirty days have now passed, and petitioner has not filed an amended petition or otherwise

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responded to the court’s order. Petitioner was warned that his failure to file an amended petition

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would result in a recommendation that this action be dismissed. (ECF No. 41 at 3.)

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Accordingly, IT IS HEREBY RECOMMENDED that petitioner’s application for a writ of
habeas corpus be dismissed without prejudice. Rose v. Lundy, 455 U.S. 509 (1982).

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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.” If petitioner files objections,

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he shall also address whether a certificate of appealability should issue and, if so, why and as to

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which issues. A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the

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applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C.

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§ 2253(c)(3). 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: November 14, 2017

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/stee1836.157

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