-KJN (HC) Williams v. Virga, No. 2:2011cv02870 - Document 4 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/7/2011 ORDERING the clerk to randomly assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 days. (Yin, K)

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-KJN (HC) Williams v. Virga Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 COURTNEY WILLIAMS, Petitioner, 11 12 13 14 vs. VIRGA, ORDER and Respondent. FINDINGS AND RECOMMENDATIONS / 15 16 No. 2:11-cv-2870 KJN P Petitioner, a state prisoner proceeding without counsel, has filed a petition for writ 17 of habeas corpus pursuant to 28 U.S.C. § 2254. The court’s records reveal that petitioner 18 previously filed an identical petition in Williams v. Virga, Case No. 2:11-cv-2853 EFB P. Due 19 to the duplicative nature of the present action, the court finds it frivolous and, therefore, will 20 recommend dismissal of the instant petition. 28 U.S.C. § 1915(d). 21 22 23 24 1 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a district judge to this action. In addition, for the foregoing reasons, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the District Judge assigned 26 to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being 1 Dockets.Justia.com 1 served with these findings and recommendations, petitioner may file written objections with the 2 court. The document should be captioned “Objections to Magistrate Judge's Findings and 3 Recommendations.” Any response to the objections shall be filed and served within fourteen 4 days after service of the objections. Petitioner is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 6 F.2d 1153 (9th Cir. 1991). 7 DATED: November 7, 2011 8 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 9 10 11 will2870.123.duplic. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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