Rhone v. Butte County Jail
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/6/18 DIRECTING the clerk to randomly assign a district judge. District Judge John A. Mendez added. It is further RECOMMENDED that the petition be dismissed w ithout leave to amend for failure to prosecute and for failure to obey a court order pursuant to Federal Rule of Civil Procedure 41(b); that no Certificate of Appealability should be issued; and that this case be closed. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-0834-JAM-GGH (HC).(Coll, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TREVOR NEIL RHONE,
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No. 2:18-cv-834-GGH
Petitioner,
FINDINGS AND RECOMMENDATIONS;
ORDER
v.
BUTTE COUNTY JAIL,
Respondent.
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Petitioner filed his writ of habeas corpus in pro se on April 6, 2018. ECF No. 1.
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Petitioner consented to the jurisdiction of this court for all purposes on April 15, 2018. ECF No.
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3. However, because respondent has not been served or consented to the undersigned as the
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presiding judge, Ninth Circuit authority does not permit the undersigned to act as the presider.
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On April 25, 2018 this court issued an order dismissing the petition with leave to amend
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within 45 days of the date of the Order and providing petitioner with an application to continue
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with his action in forma pauperis. ECF No. 4. In that Order the petitioner was warned that a
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failure to seek in forma pauperis status and to file an amended complaint within 45 days of the
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date of the Order would result in a dismissal of the action and closure of the file. Id at 4:6-7.
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Petitioner has filed neither the application nor an amended complaint.
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In essence, petitioner has abandoned his habeas corpus effort by ignoring the Order of this
court. Under these circumstances the court sees no purpose in taking any action to involve the
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respondent in this matter along with the attendant cost both to respondent and to the court.
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CONCLUSION
In light of the foregoing, IT IS HEREBY ORDERED that: the Clerk shall assign a district
judge to this case;
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IT IS HEREBY RECOMMENDED that:
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1.
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The petition should be dismissed without leave to amend for failure to prosecute
and for failure to obey a court Order pursuant to Federal Rule of Civil Procure 41(b);
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2.
No Certificate of Appealability should issue;
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3.
The Clerk of the Court should close this case.
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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)(1). Within twenty (20) 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. Id.; see also Eastern District of California Local Rule 304(b). Such a
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document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” Failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez
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v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991).
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Dated: November 6, 2018
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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