(HC) Castillo v. County of El Dorado
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/3/2021 ORDERING the Clerk to randomly assign a district judge to this case and RECOMMENDING this action be dismissed for petitioner's failure to comply with a court order and failure to prosecute this case. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 30 days. (Yin, K)
Case 2:21-cv-01194-JAM-DB Document 4 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BERNARDO CASTILLO,
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Petitioner,
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No. 2:21-cv-1194 DB P
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
COUNTY OF ELDORADO,
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Respondent.
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Petitioner is a county inmate proceeding pro se with a petition for a writ of habeas corpus
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under 28 U.S.C. § 2254. In an order filed July 12, 2021, this court ordered petitioner to either pay
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the filing fee or submit a motion to proceed in forma pauperis within 30 days. Petitioner was
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warned that his failure to comply with the July 12 order would result in a recommendation that
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this action be dismissed. (ECF No. 3.) Thirty days have passed and petitioner has not paid the
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filing fee, submitted a motion to proceed in forma pauperis, or otherwise responded to the July 12
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order.
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Accordingly, the Clerk of the Court is HEREBY ORDERD to randomly assign a district
judge to this case; and
IT IS RECOMMENDED that this action be dismissed for petitioner’s failure to comply
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with a court order and failure to prosecute this case. See E.D. Cal. R. 110; Fed. R. Civ. P. 41.
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Case 2:21-cv-01194-JAM-DB Document 4 Filed 09/07/21 Page 2 of 2
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These findings and recommendations will be 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 thirty days after
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being served with these findings and recommendations, petitioner may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge's Findings
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and Recommendations.” Petitioner is advised that failure to file objections within the specified
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time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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Dated: September 3, 2021
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DLB:9
DB Prisoner Inbox/Habeas/R/cast1194.fta fr
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