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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAI THI VU, 12 No. 2:16-cv-1732 MCE AC P Petitioner, 13 v. 14 RON RACKLEY, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner is a former state prisoner proceeding pro se with a habeas corpus petition filed 18 pursuant to 28 U.S.C. § 2254. On January 30, 2017, respondent filed a motion to dismiss the 19 petition. ECF No. 10. On March 24, 2017, petitioner was ordered to file and serve, within 20 twenty-one days, an opposition or statement of non-opposition to the pending motion. ECF No. 21 12. In the same order, petitioner was informed that failure to file an opposition would result in a 22 recommendation that this action be dismissed without prejudice for failure to prosecute pursuant 23 to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and 24 petitioner has not responded to the court’s order. 25 26 For the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be filed and served within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: April 26, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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