(HC) Castillo v. County of El Dorado

Filing 4

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)

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Case 2:21-cv-01194-JAM-DB Document 4 Filed 09/07/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BERNARDO CASTILLO, 12 Petitioner, 13 14 No. 2:21-cv-1194 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS COUNTY OF ELDORADO, 15 Respondent. 16 17 Petitioner is a county inmate proceeding pro se with a petition for a writ of habeas corpus 18 under 28 U.S.C. § 2254. In an order filed July 12, 2021, this court ordered petitioner to either pay 19 the filing fee or submit a motion to proceed in forma pauperis within 30 days. Petitioner was 20 warned that his failure to comply with the July 12 order would result in a recommendation that 21 this action be dismissed. (ECF No. 3.) Thirty days have passed and petitioner has not paid the 22 filing fee, submitted a motion to proceed in forma pauperis, or otherwise responded to the July 12 23 order. 24 25 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 26 27 with a court order and failure to prosecute this case. See E.D. Cal. R. 110; Fed. R. Civ. P. 41. 28 //// 1 Case 2:21-cv-01194-JAM-DB Document 4 Filed 09/07/21 Page 2 of 2 1 These findings and recommendations will be submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty days after 3 being served with these findings and recommendations, petitioner may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 5 and Recommendations.” Petitioner is advised that failure to file objections within the specified 6 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 Dated: September 3, 2021 9 10 11 12 13 14 15 16 17 18 19 DLB:9 DB Prisoner Inbox/Habeas/R/cast1194.fta fr 20 21 22 23 24 25 26 27 28 2

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