(HC) Sanchez v. Frauenheim, No. 1:2015cv01756 - Document 9 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS Recommending that the Court Dismiss 1 Petition for Failure to Prosecute, signed by Magistrate Judge Sheila K. Oberto on 4/18/16. Referred to Judge Drozd. Objections to F&R Due Within Thirty Days. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 CARLOS G. SANCHEZ, Petitioner, 11 12 13 14 15 Case No. 1:15-cv-01756-DAD-SKO HC v. S. FRAUENHEIM, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT THE COURT DISMISS PETITION FOR FAILURE TO PROSECUTE Respondent. (Doc. 8) Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 17 18 pursuant to 28 U.S.C. § 2254. On March 8, 2016, the Court dismissed the petition with leave to amend within 30 days. Although more than 30 days have now passed, Petitioner has not filed an 19 amended petition. Accordingly, the undersigned hereby RECOMMENDS that the Court dismiss the 20 petition for failure to prosecute. 21 22 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 23 after being served with these Findings and Recommendations, Petitioner may file written objections 24 25 with the Court. The document should be captioned AObjections to Magistrate Judge=s Findings and 26 Recommendations.@ Petitioner is advised that failure to file objections within the specified time may 27 constitute waiver of the right to appeal the District Court's order. Wilkerson v. Wheeler, 772 F.3d 28 834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). In lieu of 1 1 2 filing objections, Petitioner may file the amended petition within thirty (30) days, and the undersigned will withdraw these findings and recommendations. 3 4 5 6 IT IS SO ORDERED. Dated: April 18, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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