(HC) Norton v. CDCR

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 2/5/2024 DIRECTING the Clerk's Office to randomly assign a District Judge. District Judge William B. Shubb and Magistrate Judge Jeremy D. Peterson for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice for failure to prosecute and failure to comply with court orders. Referred to Judge William B. Shubb. Objections due within 14 days of service of these Findings and Recommendations. New case number is: 2:23-cv-01762-WBS-JDP (HC) (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW EDWARD NORTON,

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Petitioner,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION,

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Respondent.

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Case No. 2:23-cv-01762-JDP (HC)
ORDER
DIRECTING THE CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
TO THIS MATTER
FINDINGS AND RECOMMENDATIONS
THAT THE PETITION BE DISMISSED
WITHOUT PREJUDICE FOR FAILURE TO
PROSECUTE AND FAILURE TO COMPLY
WITH COURT ORDERS
OBJECTIONS DUE WITHIN FOURTEEN
DAYS

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On November 2, 2023, I screened petitioner’s petition for writ of habeas corpus and

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notified him that it failed to state a viable claim. ECF No. 5. I granted him thirty days to file an

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amended petition. Id. On December 26, 2023, after petitioner failed to timely file an amended

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petition, I ordered him to show cause within twenty-one days why this action should not be

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dismissed for his failure to prosecute. ECF No. 6. I notified him that if he wished to continue

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with this action he must, within twenty-one days, file an amended petition. Id. I also warned him

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that failure to comply with that order would result in a recommendation that this action be

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dismissed. Id.
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The deadline has passed, and petitioner has neither filed an amended petition nor
otherwise responded to the December 26, 2023 order.

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Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a
United States District Judge to this case.

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Further, it is hereby RECOMMENDED that:

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1. This action be dismissed without prejudice for failure to prosecute and failure to

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comply with court orders, for the reasons set forth in the court’s December 26, 2023 order.

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2. The Clerk of Court be directed to close the 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)(l). Within fourteen days of

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service of these findings and recommendations, any party may file written objections with the

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court and serve a copy on all parties. Such document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed

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within fourteen days of service of the objections. The parties are advised that failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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IT IS SO ORDERED.

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Dated:

February 5, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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