(HC) Richard Lord v. Jerry Brown, No. 1:2015cv01437 - Document 14 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that the Court Dismiss the 1 Petition for Failure to Prosecute, signed by Magistrate Judge Sheila K. Oberto on 11/10/15. Referred to Judge Ishii; 30-Day Deadline. (Verduzco, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 RICHARD LORD, Petitioner, 11 12 13 Case No. 1:15-cv-01437-AWI-SKO HC v. JERRY BROWN, Governor of State of California, 14 Respondent. FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE COURT DISMISS PETITION FOR FAILURE TO PROSECUTE (Doc. 12) 15 16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. On September 28, 2015, the Court screened the petition in accordance 18 with Rule 4 of the Rules Governing § 2254 Cases and dismissed the petition with leave to amend 19 within thirty days. The order provided that if Petitioner failed to file an amended petition within 30 20 21 days, the action would be dismissed for lack of jurisdiction. Petitioner has not filed an amended petition. 22 Conclusion and Recommendation 23 24 25 26 27 28 Accordingly, the undersigned hereby RECOMMENDS that the Court dismiss the petition for failure to prosecute this action. These Findings and Recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty (30) days after being served with these Findings and Recommendations, Petitioner may file written objections 1 1 with the Court. The document should be captioned AObjections to Magistrate Judge=s Findings and 2 Recommendations.@ Petitioner is advised that failure to file objections within the specified time may 3 constitute waiver of the right to appeal the District Court's order. Wilkerson v. Wheeler, 772 F.3d 4 834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). In lieu of 5 6 filing objections, Petitioner may file the amended petition within thirty days, and the undersigned will withdraw these findings and recommendations. 7 8 9 10 IT IS SO ORDERED. Dated: November 10, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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