Hernandez v. Sherman

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 05/10/17 recommending that the petition be dismissed with prejudice for failure to obey an order of the court. No certificate of appealability shall be issued; and the clerk of the court shall close this filed. 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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RAUL ALVAREZ HERNANDEZ,
Petitioner,

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No. 2:16-cv-02472 MCE GGH

v.

FINDINGS AND RECOMMENDATIONS

STU SHERMAN, Warden,
Respondent.

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Petitioner is proceeding pro se in this habeas corpus action filed on March 10, 2017. ECF

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No. 1. On December 29, 2016 the magistrate judge issued an Order to Show Cause [“OSC”]

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requiring petitioner to explain why his failure to oppose respondent’s December 12, 2016 Motion

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to Dismiss should not be deemed a waiver of any opposition to the granting of the motion, or he

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could, in the alternative, file a opposition within that thirty day period. In that Order petitioner

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was cautioned that failure to respond or to file an opposition would result in a recommendation

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that this action be dismissed. Petitioner has filed nothing with the court.

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Finally, the court has reviewed the motion and finds that it has merit standing alone and
would therefore be granted in light of the failure to respond to the OSC.

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In light of the foregoing, the court makes the following recommendations:

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1.

The petition be dismissed with prejudice for failure to obey an Order of the Court;

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2.

No Certificate of Appealability shall be issued; and
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3.

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These Findings and Recommendation 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 (14)

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days after being served with these findings and recommendations, any party may file written

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objections with the court. Such a document should be captioned “Objections to Magistrate

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Judge's Findings and Recommendations.” Failure to file objections within the specified time may

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waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir.1991).

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Dated: May 10, 2017

The Clerk of the Court shall close this file.

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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Hernandez.2472.F&R.Order

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