Chavez v. Sullivan

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/23/2017 RECOMMENDING that the 1 Petition should be dismissed with prejudice, no Certificate of Appealability should issue and the Clerk of the Court shall close this file. Objections due within 20 days after being served with these findings and recommendations. Referred to Judge Garland E. Burrell Jr. (Hunt, G)

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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 ENRIQUE CHAVEZ, 12 No. 2:17-cv-00575-GEB-GGH Petitioner, 13 v. 14 J. SULLIVAN, Warden 15 FINDNGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner appears pro se in this habeas corpus matter. On June 30, 2017 Respondent filed 18 and served a Motion to Dismiss the petition. ECF No. 10. On July 14, 2017 petitioner requested 19 a 30 day extension of time to respond to the Motion which resulted in the issuance of an order 20 granting the request and specifying that petitioner had until August 29, 2017 to file opposition. 21 ECF No. 13. 22 When no further request for time and no opposition was received from petitioner, on 23 September 25, 2017 the court issued an Order to Show Cause why the petitioner’s silence should 24 not be construed as a waiver of opposition to the pending Motion to Dismiss and providing 25 petitioner with a 15 day time frame in which to respond to the Order. ECF No. 14. Petitioner’s 26 response was, therefore, due on or before October 11, 2017. In this Order the magistrate warned 27 petition that failure to time respond would lead to a recommendation that his petition be 28 dismissed with prejudice. Again, petitioner has remained silent. The court construes the 1 1 petitioner’s silence as an indication that he has no opposition to the granting of the Motion to 2 Dismiss. 3 Accordingly, IT IS HEREBY RECOMMENDED that: 4 1. The petition should be dismissed with prejudice; 5 2. No Certificate of Appealability should issue; and 6 3. The Clerk of the Court shall close this file. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 9 after being served with these findings and recommendations, any party may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 12 within the specified time may waive the right to appeal the District Court's order. Martinez v. 13 Ylst, 951 F.2d 1153 (9th Cir. 1991, 951 F.2d 1153 (9th Cir. 1991 14 15 16 IT IS SO ORDERED. Dated: October 23, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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