Fisher v. The People of Placer County

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 6/23/2016 VACATING the 2/22/2016 findings and recommendations 8 ; and petitioner shall file an amended petition within 30 days.(Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT HENRY FISHER,

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Petitioner,

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No. 2:15-CV-2447-TLN-CMK-P

vs.

ORDER

PEOPLE OF PLACER COUNTY,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On January 12, 2016, the court dismissed

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petitioner’s petition and directed petitioner to file an amended petition within 30 days naming the

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proper respondent. Petitioner was warned that failure to comply may result in dismissal of this

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action. See Local Rule 110. As of February 22, 2016, petitioner had not complied. Specifically,

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petitioner filed an amended petition which continues to name individuals over whom this court

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does not have jurisdiction in a proceeding under § 2254. On February 22, 2016, the court issued

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findings and recommendations that this action be dismissed.

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In petitioner’s objections to the court’s findings and recommendations, petitioner

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seeks an extension of the original deadline within which to file an amended petition. Good cause

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appearing therefor, the February 22, 2016, findings and recommendations will be vacated and

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petitioner will be granted an extension of time.

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Accordingly, IT IS HEREBY ORDERED that:

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The findings and recommendations issued on February 22, 2016, are

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Petitioner shall file an amended petition within 30 days of the date of this

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vacated; and

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order.

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DATED: June 23, 2016
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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