-EFB (TEMP)(HC)White v. Cate, No. 2:2009cv02900 - Document 14 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/2/11 Recommending that this case 1 be dismissed. This Findings and Recommendations are submittesd to U.S. District Judge Garland E. Burrell, Jr. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)

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-EFB (TEMP)(HC)White v. Cate Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH WHITE Petitioner, 11 vs. 12 13 No. CIV S-09-2900 GEB EFB (TEMP) P MATTHEW CATE, Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 Petitioner is a state prisoner proceeding pro se with an application for writ of habeas 16 17 corpus pursuant to 28 U.S.C. § 2254. On June 28, 2010, respondent filed a motion to dismiss. 18 On February 2, 2011, the court ordered petitioner to file an opposition or statement of non- 19 opposition in response to the motion to dismiss within twenty-one days. The court apprised 20 petitioner that failure to comply with the order would result in a recommendation that this action 21 be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. More than twenty-one 22 days has now passed, and petitioner has not filed an opposition or statement of non-opposition to 23 the motion. 24 //// 25 //// 26 //// 1 Dockets.Justia.com 1 2 IT IS THEREFORE RECOMMENDED that this case be dismissed. See Fed. R. Civ. P. 41(b); Rule 12, Rules Governing § 2254 Cases. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). In 10 his objections petitioner may address whether a certificate of appealability should issue in the 11 event he files an appeal of the judgment in this case. See Rule 11, Federal Rules Governing 12 Section 2254 Cases (the district court must issue or deny a certificate of appealability when it 13 enters a final order adverse to the applicant). 14 DATED: March 2, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 2

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