(TEMP)(HC) Barksdale v. Ponce, No. 2:2015cv00964 - Document 17 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 1/6/2016 DIRECTING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that this action be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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(TEMP)(HC) Barksdale v. Ponce Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES BARKSDALE, 12 Petitioner, 13 v. 14 PONCE, Warden, 15 No. 2:15-cv-0964 AC P (TEMP) ORDER AND FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner is a federal prisoner proceeding pro se with a habeas corpus petition filed 18 pursuant to 28 U.S.C. § 2241. On October 5, 2015, respondent filed a motion to dismiss the 19 petition. Petitioner had not opposed or otherwise responded to the motion, so on November 12, 20 2015, the court ordered petitioner to show cause in writing within twenty-one days why this court 21 should not grant the pending motion to dismiss the petition. The court cautioned petitioner that 22 his failure to file an opposition would result in a recommendation that this action be dismissed. 23 That twenty-one day period has now expired, and petitioner has not opposed respondent’s motion 24 to dismiss or responded to the court’s order. 25 26 27 28 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 6 objections shall be filed and served within fourteen days after service of the objections. The 7 parties are advised that failure to file objections within the specified time may waive the right to 8 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: January 6, 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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