(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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MATTHEW EDWARD NORTON, 12 13 14 15 Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 16 Respondent. 17 18 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 19 20 21 On November 2, 2023, I screened petitioner’s petition for writ of habeas corpus and 22 notified him that it failed to state a viable claim. ECF No. 5. I granted him thirty days to file an 23 amended petition. Id. On December 26, 2023, after petitioner failed to timely file an amended 24 petition, I ordered him to show cause within twenty-one days why this action should not be 25 dismissed for his failure to prosecute. ECF No. 6. I notified him that if he wished to continue 26 with this action he must, within twenty-one days, file an amended petition. Id. I also warned him 27 that failure to comply with that order would result in a recommendation that this action be 28 dismissed. Id. 1 1 2 The deadline has passed, and petitioner has neither filed an amended petition nor otherwise responded to the December 26, 2023 order. 3 4 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a United States District Judge to this case. 5 Further, it is hereby RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to prosecute and failure to 7 comply with court orders, for the reasons set forth in the court’s December 26, 2023 order. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of 11 service of these findings and recommendations, any party may file written objections with the 12 court and serve a copy on all parties. Such document should be captioned “Objections to 13 Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 14 within fourteen days of service of the objections. The parties are advised that failure to file 15 objections within the specified time may waive the right to appeal the District Court’s order. 16 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 17 1991). 18 19 IT IS SO ORDERED. 20 Dated: February 5, 2024 21 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?