Gorbatenko v. Swain et al

Filing 10

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/26/2017 ORDERING the Clerk shall randomly assign a US District Judge to this action and RECOMMENDING this action be dismissed without prejudice for failure to prosecute and failure to comply with this court's orders.Assigned and referred to Judge William B. Shubb; Objections to F&R due within 14 days. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEKSANDER GORBATENKO, 12 13 14 15 No. 2:16-cv-0537 DB P Petitioner, v. ORDER AND FINDINGS AND RECOMMENDATIONS SWAIN, et al., Respondents. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 under 28 U.S.C. § 2241. Petitioner challenges his conditions of confinement, alleging that 19 correctional officers at FCI Herlong retaliated against petitioner and unnecessarily harassed him 20 by planting narcotics in his shoe and issuing an incident report about the find. On May 23, 2017, 21 the court screened the petitioner and dismissed it with leave to amend because the claims, as 22 stated, were not within federal habeas jurisdiction. (ECF No. 9.) The court ordered petitioner, 23 within thirty days, to file an amended petition. (Id. at 5) Petitioner was warned that his failure to 24 comply with the order may result in dismissal of the action. (Id. at 6.) 25 The 30 day deadline has expired and petitioner did not submit an amended petition. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a United States 27 District Judge to this action and IT IS HEREBY RECOMMENDED that this action be dismissed 28 without prejudice for failure to prosecute and failure to comply with this court’s orders. 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Any response to the objections shall be filed and served within fourteen 6 days after service of the objections. Plaintiff is advised that failure to file objections within the 7 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 8 F.2d 1153 (9th Cir. 1991). 9 Dated: September 26, 2017 10 11 12 13 14 15 TIM-DLB:10 DB / ORDERS / ORDERS.PRISONER.HABEAS / gorb.0537.dismiss.fr.v2 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?