Falcon v. Fox et al.

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/23/2017 RECOMMENDING this action be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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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 YOBA FALCON, 12 Petitioner, 13 14 No. 2:16-cv-2645-JAM-EFB P v. FINDINGS AND RECOMMENDATIONS JACK FOX, et al., 15 Respondents. 16 Petitioner, a federal prisoner proceeding without counsel, seeks a writ of habeas corpus 17 18 pursuant to 28 U.S.C. § 2241. On May 1, 2017, respondents filed a motion to dismiss on the 19 ground that petitioner has not exhausted his administrative remedies with regard to the issues 20 raised in his petition. On June 6, 2017, the court informed petitioner of the requirements for 21 filing an opposition to any motion to dismiss. That order gave petitioner 21 days to file an 22 opposition or statement of non-opposition and warned petitioner that failure to do so would result 23 in a recommendation that this action be dismissed. ECF No. 18. On July 6, 2017, the court 24 granted petitioner an additional extension of 15 days to file his opposition. ECF No. 20. Despite the extension of time, the time for acting has passed and petitioner has not filed an 25 26 opposition or a statement of no opposition nor otherwise responded to the June 6, 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: August 23, 2017. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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