Green v. CDCR et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 4/24/2017 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections to F&R due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WARREN CLEVELAND GREEN,

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Petitioner,

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No. 2:17-cv-0461 JAM AC P

v.

FINDINGS AND RECOMMENDATIONS

CDCR, et al.,

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Respondents.

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On March 2, 2017, petitioner filed a request for extension of time within which to file a

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petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. See ECF No. 1. By order filed

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March 7, 2017, the court denied the motion and informed petitioner that, in order to commence a

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habeas action, he must file his petition and pay the filing fee or obtain leave to proceed in forma

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pauperis. See ECF No. 3. Petitioner was accorded thirty days after service of the court’s order to

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comply with these requirements. Id. Petitioner was informed that “failure to timely comply with

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this order will result in a recommendation that this action be dismissed without prejudice.” Id. at

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2, ¶ 4. The thirty-day deadline has passed; however, petitioner has not responded to the court’s

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order or otherwise communicated with the court.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice. See Fed. R. Civ. P. 41(b) (failure to prosecute).

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These findings and recommendations are submitted to the United States District Judge

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assigned to this 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. Such document should be captioned “Objections to Magistrate Judge’s

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

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: April 24, 2017

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