Soto v. Unknown

Filing 4

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/17/2017 ORDERING Clerk of Court to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Garland E. Burrell, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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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 MARTIN SOTO, aka SANTIAGO SOTO, 12 Petitioner, 13 14 No. 2:17-cv-1780 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS UNKNOWN, 15 Respondent. 16 17 By an order filed September 7, 2017, petitioner’s request for extension of time was 18 denied, and he was ordered to file, within thirty days,1 a petition and an application to proceed in 19 forma pauperis or the court’s filing fee, and was cautioned that failure to do so would result in a 20 recommendation that this action be dismissed. The thirty day period has now expired, and 21 petitioner has not responded to the court’s order or filed any document required by the order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign 22 23 a district judge to this case; and 24 //// 25 1 26 27 28 By setting this deadline, the court again makes no finding or representation that the petition is not subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1231-35 (9th Cir. 2015). Petitioner is advised that a one year statute of limitations is applicable to all claims presented in a federal habeas corpus petition. See 28 U.S.C. § 2244(d)(1); see also Mardesich v. Cate, 668 F.3d 1164 (9th Cir. 2012) (holding that the one year statute of limitations applied to each claim in a habeas petition on an individual basis). 1 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 4 after being served with these findings and recommendations, petitioner may file written 5 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 6 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 7 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 8 F.2d 1153 (9th Cir. 1991). 9 Dated: October 17, 2017 10 11 /soto1780.ffp 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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