Zaccardi v. Arnold

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/28/19 RECOMMENDING that this action be dismissed as moot without prejudice. Referred to Judge Morrison C. England Jr. Objections due within 14 days. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALBERT ZACCARDI,

12

Petitioner,

13
14

No. 2:17-cv-1405 MCE KJN P

v.

FINDINGS AND RECOMMENDATIONS

E. ARNOLD,

15

Respondents.

16
17

Petitioner is a former state prisoner challenging the 2015 denial of parole. By order filed

18

January 29, 2019, petitioner was ordered to show cause, within twenty-one days, why this action

19

should not be dismissed. Petitioner was warned that failure to timely show cause would result in

20

a recommendation that this action be dismissed as moot. (ECF No. 30 at 3.) The twenty-one day

21

period has now expired, and petitioner has not shown cause or otherwise responded to the court’s

22

order.

23
24

IT IS HEREBY RECOMMENDED that this action be dismissed as moot, without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

25

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

26

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

27

after being served with these findings and recommendations, any party may file written

28

objections with the court and serve a copy on all parties. Such a document should be captioned
1

1

“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

2

objections shall be filed and served within fourteen days after service of the objections. The

3

parties are advised that failure to file objections within the specified time may waive the right to

4

appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

5

Dated: February 28, 2019

6
7
/zacc1405.fsc

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2