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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MANUEL REYES, 12 13 14 15 16 No. 2:16-cv-02822 GEB GGH Petitioner, v. FINDING AND RECOMMENDATION PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 17 18 19 20 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 21 proceed in forma pauperis on forms provided to him by the Clerk of the Court or to pay the 22 appropriate filing fee within 28 days of the issuance of the order. ECF No. 3. When neither of 23 the directed actions were taken the magistrate judge issued an Order to Show Cause why 24 petitioner’s failure to comply with the foregoing order should not result in dismissal of the 25 pending petition and warned that failure to respond to the order within 30 days of its issuance 26 would result in a recommendation for dismissal. ECF No. 5. Petitioner has neither sought in 27 forma pauperis status, paid the filing fee for his action, or shown cause why the matter should not 28 be dismissed for failure to answer an Order to Show Cause. 1 1 2 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. 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 14 days after 5 being served with these findings and recommendations, any party may file written objections with 6 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 7 Recommendations.” Any response to the objections shall be filed and served within 14 days after 8 service of the objections. Failure to file objections within the specified time may waive the right 9 to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: February 28, 2017 11 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reye2822.F&Rdism.amm 26 27 28 2

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