Zamora v. State and Federal Government

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/27/2016 ORDERING the Clerk to randomly assign a US District Judge to this case. IT IS RECOMMENDED that this action be dismissed. Assigned and referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY ZAMORA,

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No. 2:15-cv-2531-EFB P

Petitioner,
v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

STATE AND FEDERAL
GOVERNMENT,
Respondent.

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Petitioner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
On December 23, 2015, the court found that petitioner had failed to file an in forma

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pauperis application or pay the filing fee ($5.00) required by 28 U.S.C. §§ 1914(a) & 1915(a).

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Accordingly, the court ordered petitioner to file a completed in forma pauperis application or pay

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the filing fee within 30 days. That order warned petitioner that failure to do so may result in this

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action being dismissed.

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The 30-day period has expired and petitioner has not filed a completed in forma pauperis
affidavit, paid the filing fee or otherwise responded to the court’s order.
Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a
United States District Judge to this case.
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Further, it is hereby RECOMMENDED that this action be dismissed. See Fed. R. Civ. P.
41(b); Rule 12, Rules Governing § 2254 Cases; Local Rule 110.

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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.” Any reply to the objections

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shall be served and filed within fourteen days after service of the objections. Failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991). In his objections petitioner may address whether a certificate of appealability should issue

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in the event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section

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2254 Cases (the district court must issue or deny a certificate of appealability when it enters a

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final order adverse to the applicant).

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Dated: January 27, 2016.

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