Mills v. California Medical Facility

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/3/2017 RECOMMENDING this action be dismissed based on petitioner's faulure to exhaust state court remedies. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WAYNE MILLS, 12 13 14 15 No. 2:16-cv-2766 JAM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS CALIFORNIA MEDICAL FACILITY, et al., Respondent. 16 17 18 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. On March 31, 2017, the undersigned granted petitioner 20 twenty-one days to show cause why this action should not be dismissed based on his failure to 21 exhaust state court remedies. (ECF No. 15.) Twenty-one days passed and petitioner did not 22 respond to the March 31, 2017 order. 23 Accordingly, for the reasons stated in the March 31, 2017, order, IT IS HEREBY 24 RECOMMENDED that this action be dismissed based on petitioner’s failure to exhaust state 25 court remedies. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, petitioner may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” If petitioner files objections, 3 he shall also address whether a certificate of appealability should issue and, if so, why and as to 4 which issues. A certificate of appealability may issue under 28 U.S.C. § 2253 “only if the 5 applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 6 2253(c)(3). Petitioner is advised that failure to file objections within the specified time may 7 waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 8 1991). 9 Dated: May 3, 2017 10 11 12 13 14 15 Mill2766.dis 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?