Hall v. Fox

Filing 11

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/26/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections 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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JAMES EARL HALL,

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No. 2:16-cv-2628 MCE DB P

Petitioner,

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v.

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ROBERT FOX,

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FINDINGS AND RECOMMENDATIONS

Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

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under 28 U.S.C. § 2254. On June 23, 2017, the court screened the petitioner and dismissed it

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with leave to amend because it only alleged violations of California state sentencing law, which

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are not recognized in a federal habeas proceeding. (ECF No. 10.) The court ordered petitioner to,

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within thirty days, file an amended petition. (Id.) Petitioner was warned that his failure to

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comply with the order may result in dismissal of the action.

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The 30 day deadline has expired and petitioner did not submit an amended petition.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice

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for failure to prosecute and failure to comply with this court’s orders.

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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, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Any response to the objections shall be filed and served within fourteen

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days after service of the objections. Plaintiff 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: September 26, 2017

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TIM-DLB:10
DB / ORDERS / ORDERS.PRISONER.HABEAS / hall.2628.fr.dismiss

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