(HC)Hellom v. Unknown, No. 2:2007cv00943 - Document 3 (E.D. Cal. 2007)
Court Description: FINDINGS and RECOMMENDATIONS recommending that this action be closed. Objections to F&R due within 20 days signed by Judge Craig M. Kellison on 5/23/07. (Kaminski, H)
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(HC)Hellom v. Unknown Doc. 3 Case 2:07-cv-00943-LKK-CMK Document 3 Filed 05/25/2007 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA MOSES HELLOM, 12 No. CIV S-07-0943-LKK-CMK-P Petitioner, 13 vs. 14 Unknown, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 / 17 Petitioner, a state prisoner proceeding pro se, apparently seeks to file a petition 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently the only document before 19 the court is petitioner’s May 18, 2007, letter seeking an extension of time within which to file a 20 petition. 21 Petitioner is advised that, except in extraordinary circumstances warranting 22 equitable tolling, this court cannot grant an extension of time to file his petition. Once petitioner 23 has prepared his petition, he should send it to the court. Upon receipt, it will be filed and a new 24 case number will be assigned. In the meantime, the court will recommend that this action be 25 closed. 26 /// 1 Dockets.Justia.com Case 2:07-cv-00943-LKK-CMK 1 2 Document 3 Filed 05/25/2007 Page 2 of 2 Based on the foregoing, the undersigned recommends that the Clerk of the Court be directed to close this action as having been opened prematurely. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 20 days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge's 7 Findings and Recommendations.” Failure to file objections within the specified time may waive 8 the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 10 DATED: May 23, 2007. 11 12 13 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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