Martinez v. Kam

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/25/2017 ORDERING the Clerk to randomly assign a district judge to this case and RECOMMENDING the case be dismissed without prejudice, and no certificate of appealability shall issue. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 20 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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BENNY MARTINEZ,

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No. 2:17-cv-01394-GGH

Petitioner,
v.

ORDER and FINDINGS AND
RECOMMENDATIONS

TIM P. KAM,

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Respondent.

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Petitioner is unrepresented in this habeas corpus action. This case was referred to the
undersigned pursuant to Eastern District of California Local Rule [“LR”] 302(c)(21).
On July 24, 2017 the court issued an order that dismissed the petition without prejudice

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and directing petitioner to file an amended petition (or complaint) that complied with the

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instructions found in the order within 45 days of the service of the order. Petitioner has not

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complied with that order.

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In light of the foregoing IT IS HEREBY ORDERED:

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The Clerk shall randomly assign a district judge to this case;

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IT IS HEREBY RECOMMENDED:

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1.

The case be dismissed without prejudice;

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2.

No certificate of appealability shall issue.

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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 twenty 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

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

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Court’s order. The petitioner is advised that failure to file objections within the specified time

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may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991, 951 F.2d 1153 (9th Cir. 1991

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Dated: September 25, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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