Williams v. Ponce

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/12/18 RECOMMENDING that this case be dismissed as moot. Referred to Judge Kimberly J. Mueller. 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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CLARENCE D. WILLIAMS,

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No. 2:15-cv-2385 KJM DB P

Petitioner,
v.

FINDINGS AND RECOMMENDATIONS

FELICIA PONCE,
Respondent.

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Petitioner is a former federal prisoner proceeding pro se with a petition for a writ of

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habeas corpus under 28 U.S.C. § 2241. On June 1, 2018, the undersigned issued an order to

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show cause why this case should not be dismissed as moot. (ECF No. 14.) The court gave

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petitioner thirty days to respond. Those thirty days have passed and petitioner has not filed

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anything in response to the June 1 order.

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Accordingly, for the reasons set forth in the June 1 order, IT IS HEREBY
RECOMMENDED that this case be dismissed as moot.
These findings and recommendations will be 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 result in waiver of the right to appeal the district court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991). In the objections, petitioner may address whether a

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certificate of appealability should issue in the event an appeal of the judgment in this case is filed.

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See Rule 11, Rules Governing § 2254 Cases (the district court must issue or deny a certificate of

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appealability when it enters a final order adverse to the applicant).

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Dated: July 12, 2018

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DLB:9
DB/prisoner-habeas/will2385.fr

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