Ngo v. Seibel

Filing 10

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/29/2017 ORDERING the Clerk to randomly assign a US District Judge to this action and RECOMMENDING petitioner's 1 application for writ of habeas corpus be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 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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KY NGO,

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No. 2:17-cv-1815 AC P
Petitioner,

v.

ORDER AND FINDINGS &
RECOMMENDATIONS

K. SEIBEL,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
By order filed September 5, 2017, petitioner was ordered to show cause why the petition

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should not be dismissed for lack of jurisdiction. ECF No. 7. He was warned that failure to

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comply with the order would result in dismissal of the petition. Id. On October 13, 2017, the

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court granted petitioner’s request for an extension of time to file his response. ECF No. 9. The

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time for responding to the order to show cause has now passed and petitioner has neither

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responded to the order nor sought an additional extension of his deadline.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a
United States District Judge to this action.
IT IS FURTHER RECOMMENDED that petitioner’s application for a writ of habeas
corpus be dismissed without prejudice for failure to prosecute. Fed. R. Civ. P. 41(b).
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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 fourteen 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 that

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

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

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IT IS SO ORDERED.

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DATED: November 29, 2017

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