Steele v. Katavich

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/07/15 ORDERING the clerk of the court is directed to assign a District Judge to this case. U.S. District Judge Troy L. Nunley randomly assigned to this case. Also, RECOMMENDING that this action 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 KJN P
Petitioner,

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

JOHN N. KATAVICH, Warden,
Respondents.

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By an order filed September 3, 2015, petitioner was ordered to file a petition for writ of

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habeas corpus within thirty days and was cautioned that failure to do so would result in a

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recommendation that this action be dismissed. The thirty day period has now expired, and

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petitioner has not responded to the court’s order and has not filed a petition or other pleading

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required to properly commence this action. Rules Governing Section 2254 Cases, Rule 2.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign
a district judge to this case; and

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IT IS 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, petitioner may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s
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Findings and Recommendations.” Petitioner is 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: October 7, 2015

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/stee1836.nop.fr

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