(HC) Blair v. U.S. Parole Commission, No. 2:2015cv01117 - Document 6 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 2/24/2016 ORDERING the Clerk to randomly assign a US District Judge to this action. IT IS RECOMMENDED that this action be dismissed for failure to exhaust administrative remedies. Assigned and referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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(HC) Blair v. U.S. Parole Commission Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BLAIR, 12 13 No. 2:15-cv-1117 AC P Petitioner, v. ORDER AND FINDINGS & RECOMMENDATIONS 14 U.S. PAROLE COMMISSION, 15 Respondents. 16 17 By order filed January 11, 2016, petitioner was ordered to show cause, within thirty days, 18 why this action should not be dismissed for failure to exhaust his administrative remedies. ECF 19 No. 5. Petitioner was advised that failure to respond to the order would result in a 20 recommendation to dismiss the petition. Id. The thirty day period has now expired, and 21 petitioner, who is represented by counsel, has not shown cause or otherwise responded to the 22 court’s order. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. IT IS FURTHER RECOMMENDED that this action be dismissed for failure to exhaust administrative remedies. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 4 objections shall be filed and served within fourteen days after service of the objections. The 5 parties are advised that failure to file objections within the specified time may waive the right to 6 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: February 24, 2016 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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