Starr v. Cano

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/16 ORDERING that 9 Motion is DENIED without prejudice; and Petitioner shall file objections, if any, to the March 17, 2016 findings and recommendations on or before April 15, 2016.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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No. 2:16-cv-0510 KJM KJN P

Petitioner,
v.

ORDER

CANO,
Respondent.

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Petitioner is a state prisoner proceeding without counsel. On April 1, 2016, petitioner

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filed a document styled, “Notice of Motion for Summary Judgment in Favor of Petitioner,”

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claiming that because respondent has not answered, default should be entered. (ECF No. 9.)

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However, the court has not yet directed respondent to file an answer. Indeed, on March 17, 2016,

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the undersigned recommended that this action be “dismissed without prejudice to its re-filing

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upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit.”

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(ECF No. 5 at 2.) Accordingly, petitioner’s motion is premature and is denied without prejudice.

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Since the findings and recommendations were issued, petitioner was transferred, and the

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Clerk of the Court re-served the findings and recommendations on petitioner’s current address on

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April 1, 2016. Thus, petitioner’s objections are due on or before April 15, 2016.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s April 1, 2016 motion (ECF No. 9) is denied without prejudice; and
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2. Petitioner shall file objections, if any, to the March 17, 2016 findings and

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recommendations on or before April 15, 2016.

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Dated: April 6, 2016

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/star0510.111

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