Vaughn v. On Habeas Corpus
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 DIRECTING the Clerk to assign a district judge to this action; and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARK A. VAUGHN,
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No. 2:16-cv-2384 CKD P
Petitioner,
v.
ORDER AND
ON HABEAS CORPUS,
FINDINGS AND RECOMMENDATIONS
Respondent.
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By order filed October 21, 2016, the petition in this action was dismissed, and petitioner
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was granted thirty days to file an amended petition. Petitioner was advised that failure to timely
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amend would result in a recommendation of dismissal. The thirty day period has now expired,
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and petitioner has not responded to the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to assign a
district judge to this action.
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: December 6, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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2/vaug2384.fta.hab
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