Reyes v. People of the State of California

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/28/17 RECOMMENDING that the Petition for Habeas Corpus be DISMISSED without prejudice for failure to prosecute and for failure to obey a valid court order. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN MANUEL REYES,

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No. 2:16-cv-02822 GEB GGH

Petitioner,
v.

FINDING AND RECOMMENDATION

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Plaintiff is proceeding pro se with the above-entitled habeas corpus action. The matter
was referred to a United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On December 13, 2016, the magistrate judge order the petitioner to submit a request to

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proceed in forma pauperis on forms provided to him by the Clerk of the Court or to pay the

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appropriate filing fee within 28 days of the issuance of the order. ECF No. 3. When neither of

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the directed actions were taken the magistrate judge issued an Order to Show Cause why

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petitioner’s failure to comply with the foregoing order should not result in dismissal of the

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pending petition and warned that failure to respond to the order within 30 days of its issuance

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would result in a recommendation for dismissal. ECF No. 5. Petitioner has neither sought in

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forma pauperis status, paid the filing fee for his action, or shown cause why the matter should not

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be dismissed for failure to answer an Order to Show Cause.
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Accordingly, IT IS HEREBY RECOMMENDED that the Petition for Habeas Corpus be
DISMISSED without prejudice for failure to prosecute and for failure to obey a valid court order.

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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 14 days after

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

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the court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” Any response to the objections shall be filed and served within 14 days after

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service of the objections. Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: February 28, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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Reye2822.F&Rdism.amm

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