(HC) Sarmiento v. Rackley, No. 2:2015cv00364 - Document 20 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/29/2016 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL SARMIENTO, 12 13 14 No. 2:15-cv-0364 KJM CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS RONALD RACKLEY, 15 Respondent. 16 17 By order filed January 7, 2016, the petition in this action was dismissed for lack of habeas 18 corpus jurisdiction. Petitioner was granted thirty days to submit an amended complaint pursuant 19 to 42 U.S.C. § 1983, along with the balance of the filing fee or an application to proceed in forma 20 pauperis. Petitioner was advised that failure to file an amended complaint would result in the 21 dismissal of this action. More than six months have passed, and petitioner has not responded to 22 the court’s order. 23 24 Accordingly, 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 Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, petitioner may file written 28 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 Dated: July 29, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2/sarm0364.fta.hab 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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