(HC) Taylor v. Kern State Prison
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Sean C. Riordan on 10/25/2024 ORDERING the Clerk to assign a district judge to this case and RECOMMENDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley. Objections to F&R due within 21 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT ANTHONY TAYLOR,
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No. 2:24-cv-1719-SCR P
Petitioner,
v.
KERN STATE PRISON,
ORDER AND FINDINGS AND
RECOMMENDATIONS
Respondent.
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Petitioner, a state prisoner, filed a petition for writ of habeas corpus challenging his
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January 2024 conviction which is currently on appeal to the California Court of Appeal. (ECF
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No. 1.) Petitioner asserts delay in the appeal proceeding and other issues. (Id. at 1-2.)
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A filing fee of $5.00 is required to commence a habeas corpus action in federal district
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court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action “without
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prepayment of fees and costs or security therefor, by a person who makes affidavit that he is
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unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).
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In an order filed on September 3, 2024, petitioner was ordered to submit an affidavit in
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support of his request to proceed in forma pauperis or the appropriate filing fee. Petitioner was
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cautioned that failure to do so would result in a recommendation that this action be dismissed.
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The time period granted has expired and petitioner has not paid the fee, filed the required
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documents, or otherwise responded to the court’s order.
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For the reasons set forth above, IT IS ORDERED that the Clerk of the Court assign a
district judge to this case; and
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IT IS RECOMMENDED this action be dismissed without prejudice.
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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 21 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 and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that
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failure to file objections within the specified time may waive the right to appeal the District
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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: October 25, 2024
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