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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN STEELE, 12 13 14 15 No. 2:15-cv-1836 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS JOHN N. KATAVICH, Warden, Respondents. 16 17 Petitioner is a state prisoner, proceeding without counsel. On October 5, 2017, the district 18 court denied petitioner’s motion for stay, dismissed the mixed petition, and directed petitioner to 19 file an amended petition raising only his exhausted claims (7), (8), and (11), within thirty days. 20 Thirty days have now passed, and petitioner has not filed an amended petition or otherwise 21 responded to the court’s order. Petitioner was warned that his failure to file an amended petition 22 would result in a recommendation that this action be dismissed. (ECF No. 41 at 3.) 23 24 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). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” If petitioner files objections, 2 he shall also address whether a certificate of appealability should issue and, if so, why and as to 3 which issues. A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the 4 applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. 5 § 2253(c)(3). Any response to the objections shall be served and filed within fourteen days after 6 service of the objections. The parties are advised that failure to file objections within the 7 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 8 F.2d 1153 (9th Cir. 1991). 9 Dated: November 14, 2017 10 11 /stee1836.157 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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