-CMK (TEMP)(HC)Schlappi v. Salinas, No. 2:2010cv00486 - Document 15 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 7/14/11 RECOMMENDING that 1 Petition for Writ of Habeas Corpus filed by Darryl A. Schlappi be dismissed pursuant to FRCP 41(b). Referred to Judge Garland E. Burrell, Jr. Objections to F&R due 21 days after being served with these findings and recommendations. Any reply to objections due 14 days after service.(Meuleman, A)

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-CMK (TEMP)(HC)Schlappi v. Salinas Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL A. SCHLAPPI 11 Petitioner, 12 13 No. CIV S-10-0486 GEB CMK (TEMP) P vs. S.M. SALINAS 14 Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 Petitioner is a former state prisoner proceeding pro se with an application for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. On September 23, 2010, respondent filed a 18 motion to dismiss. Respondent later noticed the court that petitioner had been granted parole and 19 was released from the State’s custody on July 26, 2010. See Docket No. 12. On January 14, 20 2011, the court ordered petitioner to show cause, within fourteen days, why his petition should 21 not be dismissed in light of his parole and his failure to oppose the motion to dismiss. The court 22 apprised petitioner that failure to comply with the order would result in a recommendation that 23 this action be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. More than 24 fourteen days have now passed, and petitioner has not responded to the show cause order. 25 ///// 26 ///// 1 Dockets.Justia.com 1 2 IT IS THEREFORE RECOMMENDED that this case be dismissed pursuant to Fed.R.Civ.P. 41(b). 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 twenty- 5 one days 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.” Any reply to the objections 8 shall be served and filed within fourteen days after service of the objections. The parties are 9 advised that failure to file objections within the specified time may waive the right to appeal the 10 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 12 13 14 DATED: July 14, 2011 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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