Buck v. California Dept of Corrections

Filing 7

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/13/2018 DIRECTING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; 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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ELVIN RAY BUCK,

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Petitioner,

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No. 2:18-cv-0197 KJN P

v.

ORDER AND FINDINGS AND
RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Respondents.

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Petitioner is a state prisoner, proceeding without counsel. By order filed February 5,

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2018, the instant petition was dismissed, and petitioner was granted thirty days in which to file

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the appropriate pleading and one that bears his signature. Petitioner was cautioned that failure to

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file such pleading may result in the dismissal of this action. Thirty days have now passed, and

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petitioner has not filed an amended pleading or otherwise responded to the court’s order.

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In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court is
directed to assign a district judge to this case; and

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See

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Local Rule 110; 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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Dated: March 13, 2018

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/cw/buck0197.156

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