Luna v. Superior Court of California, County of Placer

Filing 5

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/21/2017 ORDERING the Clerk to assign a district judge to this action and RECOMMENDING this action be DISMISSED without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL A. LUNA,

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Petitioner,

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No. 2:16-cv-3052 KJN P

v.
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF PLACER,

ORDER AND FINDINGS &
RECOMMENDATIONS

Respondent.

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Petitioner has filed a petition for “writ of error” and an application to proceed in forma

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pauperis. Petitioner appears to challenge proceedings in the Placer County Superior Court.

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Neither the petition nor the application to proceed in forma pauperis contains a mailing

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address for petitioner. It appears that petitioner filed his pleadings in person. Accordingly, on

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April 3, 2017, the undersigned granted petitioner sixty days to show cause why this action should

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not be dismissed for his failure to keep the court apprised of his current address as required by

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Local Rule 183(b). Sixty days passed and petitioner failed to respond to the April 3, 2017, order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district

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judge to this action; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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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, petitioner may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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

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Dated: June 21, 2017

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Luna3052.fr
kc

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