(TEMP)(HC)Porchia v. Gower, No. 2:2015cv00021 - Document 9 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 02/22/16 recommending that this action be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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(TEMP)(HC)Porchia v. Gower Doc. 9 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEROY PORCHIA, 12 No. 2:15-cv-0021 JAM AC (TEMP) P Petitioner, 13 v. 14 GOWER, 15 FINDINGS AND RECOMMENDATION Respondent. 16 On January 7, 2016, this court dismissed petitioner’s petition for a writ of habeas corpus 17 18 and granted him thirty days leave to file an amended petition. That thirty day period has now 19 expired, and petitioner has not filed an amended petition or otherwise responded to the court’s 20 order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 21 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District Judge 24 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 25 after being served with these findings and recommendations, petitioner may file written 26 objections with the court and serve a copy on all parties. Such a document should be captioned 27 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 28 ///// 1 Dockets.Justia.com 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: February 22, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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