Maestas v. State of California et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/29/2017 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England, Jr.. Objections to F&R due within 14 days. (Zignago, K.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LENNY ROSS MAESTAS, 12 Petitioner, 13 14 No. 2:16-cv-2421-MCE-EFB P v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, 15 Respondent. 16 Petitioner, a former county inmate proceeding without counsel, seeks a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. 19 On January 17, 2017, respondent filed a motion to dismiss on the grounds that 20 there is no longer a case or controversy to support jurisdiction. ECF No. 13. On February 21, 21 2017, the court informed petitioner of the requirements for filing an opposition to any motion to 22 dismiss. That order gave petitioner 21 days to file an opposition or statement of non-opposition 23 and warned petitioner that failure to do so would result in a recommendation that this action be 24 dismissed. ECF No. 17. The 21 days have passed and petitioner has not filed an opposition or a statement of no 25 26 opposition nor otherwise responded to the February 21, 2017, order. 27 ///// 28 ///// 1 1 2 Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P. 41(b); Rule 12, Rules Governing § 2254 Cases; E.D. Cal., Local Rule 110. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). In 10 his objections petitioner may address whether a certificate of appealability should issue in the 11 event he files an appeal of the judgment in this case. See Rule 11, Federal Rules Governing 12 Section 2254 Cases (the district court must issue or deny a certificate of appealability when it 13 enters a final order adverse to the applicant). 14 Dated: March 29, 2017. 15 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?