Turner v. CSP-Sacramento

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/9/2018 ORDERING Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Kimberly J. Mueller. 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 MICA TURNER, 12 13 14 No. 2:18-cv-1180 KJN P Petitioner, v. ORDER and FINDINGS AND RECOMMENDATIONS WARDEN, CSP-SACRAMENTO, 15 Respondent. 16 17 By order filed June 21, 2018, petitioner’s habeas application was dismissed, and he was 18 granted thirty days’ leave to file an amended civil rights complaint or a request to voluntarily 19 dismiss this action. The thirty day period has now expired, and petitioner has not responded to 20 the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed 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, petitioner may file written 28 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: August 9, 2018 5 6 /turn1180.fta.hab 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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