-JFM (TEMP)(HC) Veaver v. Butte County District Attorney's Office et al, No. 2:2010cv02994 - Document 32 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 07/28/11 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this action be dismissed pursuant to FRCP 41(b) Referred to Judge Kimberly J. Mueller. Objections due within 14 days.(Plummer, M)

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-JFM (TEMP)(HC) Veaver v. Butte County District Attorney's Office et al Doc. 32 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM VEAVER, 11 Petitioner, 12 13 No. CIV-S-10-2994 JFM (TEMP) P vs. BUTTE COUNTY DISTRICT ATTORNEY’S OFFICE, ORDER AND 14 Respondent. FINDINGS AND RECOMMENDATIONS 15 16 / 17 Petitioner is a state prisoner proceeding pro se with an application for writ of 18 habeas corpus under 28 U.S.C. § 2254. On February 4, 2011, respondent filed a motion to 19 dismiss. On, June 6, 2011, petitioner was ordered to file an opposition or a statement of non- 20 opposition to the pending motion within thirty days. In the same order, petitioner was informed 21 that failure to file an opposition would result in a recommendation that this action be dismissed 22 pursuant to Fed. R. Civ. P. 41(b). The thirty day period has now expired and petitioner has not 23 responded to the court’s order. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a 25 district court judge to this case; and 26 ///// 1 Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that this action be dismissed pursuant to Federal Rule of Civil Procedure 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 fourteen 5 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 response to the 8 objections shall be filed and served within seven days after service of the objections. The parties 9 are advised that failure to file objections within the specified time may waive the right to appeal 10 the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: July 28, 2011. 12 13 14 15 16 kc veav2994.frs 17 18 19 20 21 22 23 24 25 26 2

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