Dempsey v. People of the State of Calfornia
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/25/16 recommending that this action be dismissed without prejudice. Referred to Judge Morrison C. England Jr. 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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CHARLES WAYNE DEMPSEY, JR.,
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Petitioner,
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No. 2:16-cv-1565 MCE CKD P
v.
FINDINGS AND RECOMMENDATIONS
PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
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By order filed September 14, 2016, the petition in this action was dismissed for failure to
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meet the “in custody” requirement, and petitioner was granted thirty days to file an amended
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petition. Petitioner was advised that failure to timely amend would result in a recommendation of
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dismissal. The thirty day period has now expired, and petitioner has not responded to the court’s
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order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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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, 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 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: October 25, 2016
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/demp1565.fta.hab
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