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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENNY MARTINEZ, 12 13 14 No. 2:17-cv-01394-GGH Petitioner, v. ORDER and FINDINGS AND RECOMMENDATIONS TIM P. KAM, 15 Respondent. 16 17 18 19 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 20 and directing petitioner to file an amended petition (or complaint) that complied with the 21 instructions found in the order within 45 days of the service of the order. Petitioner has not 22 complied with that order. 23 In light of the foregoing IT IS HEREBY ORDERED: 24 The Clerk shall randomly assign a district judge to this case; 25 IT IS HEREBY RECOMMENDED: 26 1. The case be dismissed without prejudice; 27 2. No certificate of appealability shall issue. 28 These findings and recommendations are submitted to the United States District Judge 1 1 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 2 after being served with these findings and recommendations, petitioner may file written 3 objections with the court and serve a copy on all parties. Such a document should be captioned 4 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised 5 that failure to file objections within the specified time may waive the right to appeal the District 6 Court’s order. The petitioner is advised that failure to file objections within the specified time 7 may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 8 1991, 951 F.2d 1153 (9th Cir. 1991 9 Dated: September 25, 2017 10 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?