Ricord Huber v. Lizarraga

Filing 12

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/15/2017 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this case be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RICORD D. HUBER,

12

No. 2:17-cv-0292 DB P

Petitioner,

13

v.

14

J. LIZARRAGA,

15

ORDER AND FINDINGS AND
RECOMMENDATIONS
Respondent.

16
17

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

18

under 28 U.S.C. § 2254. On March 9, 2017, petitioner was ordered to submit the $5.00 filing fee

19

to proceed with this case. In a document filed March 27, 2017, petitioner stated that he was

20

enclosing the payment. However, the filing received by the court did not contain any payment.

21

On August 3, 2017, petitioner was given another opportunity to submit the appropriate

22

filing fee within thirty days. Petitioner was warned that his failure to do so would result in a

23

recommendation that this action be dismissed. Petitioner has not paid the filing fee or otherwise

24

responded to the court’s August 3 order.

25
26
27
28

Accordingly, the Clerk of the Court IS HEREBY ORDERED to assign a district judge to
this case; and
IT IS HEREBY RECOMMENDED that this case be dismissed without prejudice. See
E.D. Cal. R. 110; Fed. R. Civ. P. 41(b).
1

1

These findings and recommendations will be submitted to the United States District Judge

2

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

3

after being served with these findings and recommendations, petitioner may file written

4

objections with the court. The document should be captioned “Objections to Magistrate Judge's

5

Findings and Recommendations.” Petitioner is advised that failure to file objections within the

6

specified time may result in waiver of the right to appeal the district court’s order. Martinez v.

7

Ylst, 951 F.2d 1153 (9th Cir. 1991). In his objections petitioner may address whether a certificate

8

of appealability should issue in the event he files an appeal of the judgment in this case. See Rule

9

11, Rules Governing § 2254 Cases (the district court must issue or deny a certificate of

10

appealability when it enters a final order adverse to the applicant).

11

Dated: September 15, 2017

12
13
14
15
16
17
18

DLB:9
DLB1/prisoner-habeas/hube0292.final fr

19
20
21
22
23
24
25
26
27
28
2