Vu v. Rackley

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/26/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAI THI VU,

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No. 2:16-cv-1732 MCE AC P
Petitioner,

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v.

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RON RACKLEY,

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FINDINGS AND RECOMMENDATIONS

Respondent.

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Petitioner is a former state prisoner proceeding pro se with a habeas corpus petition filed

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pursuant to 28 U.S.C. § 2254. On January 30, 2017, respondent filed a motion to dismiss the

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petition. ECF No. 10. On March 24, 2017, petitioner was ordered to file and serve, within

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twenty-one days, an opposition or statement of non-opposition to the pending motion. ECF No.

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12. In the same order, petitioner was informed that failure to file an opposition would result in a

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recommendation that this action be dismissed without prejudice for failure to prosecute pursuant

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to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and

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petitioner has not responded to the court’s order.

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For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be
dismissed without prejudice pursuant to Federal Rule of Civil Procedure 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, 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 response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: April 26, 2017

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