Svelund v. Sisto et al (PC), No. 2:2009cv03259 - Document 7 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 3/3/2010 ORDERING that a district judge be assigned to this case; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge William B. Shubb; Objections to F&R due w/in 14 days. (Yin, K)

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Svelund v. Sisto et al (PC) Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN D. SVELUND, Petitioner, 11 12 No. 2:09-cv-3259 JFM (HC) vs. 13 D.K. SISTO, Warden, et al., 14 ORDER AND Respondents. FINDINGS & RECOMMENDATIONS / 15 By order filed January 15, 2010, the undersigned found that petitioner’s petition 16 17 for writ of habeas corpus challenged his conditions of confinement rather than the fact of 18 confinement. Based thereon, the petition was dismissed and petitioner was granted thirty days 19 leave to file an amended complaint. The thirty day period has now expired, and petitioner has 20 not filed an amended complaint or otherwise responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that a district judge be assigned to this 21 22 23 24 25 26 case and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised 4 that failure to file objections within the specified time may waive the right to appeal the District 5 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: March 3, 2010. 7 8 9 10 014.svel3259.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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