Martinez v. Kam
Filing
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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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