-KJN (HC) Salazar v. Bell et al, No. 2:2011cv00762 - Document 5 (E.D. Cal. 2011)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/23/11 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)
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-KJN (HC) Salazar v. Bell et al Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TAYS EAGLET SALAZAR, SR., 11 12 13 14 Petitioner, No. 2: 11-cv-0762 KJN P vs. CHARLES BELL, et al., ORDER AND Respondents. 15 FINDINGS AND RECOMMENDATIONS / 16 Petitioner is a state prisoner proceeding without counsel, with a petition for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. On April 15, 2011, the court granted petitioner 18 twenty-eight days to file a notice of change of address. Twenty-eight days passed and petitioner 19 did not respond to the April 15, 2011 order. Accordingly, on June 2, 2011, the court ordered 20 petitioner to show cause within fourteen days why this action should not be dismissed for his 21 failure to comply with the April 15, 2011 order. Fourteen days passed and petitioner did not 22 respond to the June 2, 2011 order. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days after being served with these findings and recommendations, petitioner may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge's 5 Findings and Recommendations.” Any response to the objections shall be filed and served 6 within fourteen days after service of the objections. Petitioner is advised that failure to file 7 objections within the specified time may waive the right to appeal the District Court's order. 8 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: June 23, 2011 10 11 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 sal762.156 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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