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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL A. LUNA, 12 Petitioner, 13 14 15 No. 2:16-cv-3052 KJN P v. SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER, ORDER AND FINDINGS & RECOMMENDATIONS Respondent. 16 17 Petitioner has filed a petition for “writ of error” and an application to proceed in forma 18 19 pauperis. Petitioner appears to challenge proceedings in the Placer County Superior Court. 20 Neither the petition nor the application to proceed in forma pauperis contains a mailing 21 address for petitioner. It appears that petitioner filed his pleadings in person. Accordingly, on 22 April 3, 2017, the undersigned granted petitioner sixty days to show cause why this action should 23 not be dismissed for his failure to keep the court apprised of his current address as required by 24 Local Rule 183(b). Sixty days passed and petitioner failed to respond to the April 3, 2017, order. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district 26 judge to this action; and 27 //// 28 //// 1 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, petitioner may file written 5 objections with the court and serve a copy on all parties. Such a document should be captioned 6 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 7 failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: June 21, 2017 10 11 12 13 14 15 16 kc 17 18 19 20 21 22 23 24 25 26 27 28 2

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