(HC) Musselwhite v. Woodford, No. 2:2001cv01443 - Document 39 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/9/11 RECOMMENDING that this case be dismissed; 17 Petition for Writ of Habeas Corpus referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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(HC) Musselwhite v. Woodford Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH T. MUSSELWHITE, 11 Petitioner, 12 vs. 13 No. CIV S-01-1443 LKK GGH DP VINCE CULLEN, 14 DEATH PENALTY CASE Respondent. 15 FINDINGS & RECOMMENDATION / 16 On November 1, 2010, petitioner’s counsel filed a “Notice of Petitioner’s 17 Death,” and attached a copy of the certificate of death. Pursuant to that notice, IT IS HEREBY 18 RECOMMENDED that this case be dismissed. 19 These findings and recommendations are submitted to the United States District 20 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 21 days after being served with these findings and recommendations, any party may file written 22 objections with the court and serve a copy on all parties. Such a document should be captioned 23 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 24 shall be served and filed within fourteen days after service of the objections. The parties are 25 \\\\\ 26 \\\\\ 1 Dockets.Justia.com 1 advised that failure to file objections within the specified time may waive the right to appeal the 2 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: March 9, 2011 4 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE 5 6 7 GGH:035 musselwhite.dism 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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