(HC) Collins v. Salinas, No. 2:2010cv02766 - Document 21 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/4/11 RECOMMENDING that this action be dismissed without prejudice; 1 Petition for Writ of Habeas Corpus referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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(HC) Collins v. Salinas Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD COLLINS, 11 12 13 14 15 16 Petitioner, No. 2: 10-cv-2766 MCE KJN P Respondent. FINDINGS & RECOMMENDATIONS vs. S. SALINAS, / By order filed February 16, 2011, petitioner was ordered to show cause, within ten 17 days, for his failure to file a notice of change of address. Although the order to show cause was 18 returned unserved, petitioner was properly served. Because petitioner failed to file a notice of 19 change of address, this action should be dismissed. 20 21 22 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 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 1 Dockets.Justia.com 1 shall be served and filed within fourteen days after service of the objections. The parties are 2 advised that failure to file objections within the specified time may waive the right to appeal the 3 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: March 4, 2011 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 col2766.fr 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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