(PC) Abraria v. George et al, No. 2:2012cv00469 - Document 19 (E.D. Cal. 2012)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/07/12 ORDERING the clerk of the court 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 without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 28 days. (Plummer, M)
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(PC) Abraria v. George et al Doc. 19 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 GREGORY RALPH ABRARIA, Plaintiff, 12 13 14 15 No. 2:12-cv-0469 AC P vs. SUSAN GEORGE, et al., ORDER AND Defendants. FINDINGS & RECOMMENDATIONS / 16 17 By order filed August 13, 2012, plaintiff’s amended complaint was dismissed, 18 and he was granted thirty days leave to file a petition for writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. Thirty days from that date have now passed, and plaintiff has not filed a petition 20 for writ of habeas corpus or otherwise responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district judge to this case; and IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty1 Dockets.Justia.com 1 eight days after being served with these findings and recommendations, plaintiff may file written 2 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 3 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 DATED: December 7, 2012. 7 ` ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE 8 9 10 /mb;abra0469.fta 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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