(HC) Miles v. Gower, No. 2:2015cv01938 - Document 12 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 12/7/2016 RECOMMENDING this action be dismissed wihtout prejudice pursuant to Federal Rule 41(b) for petitioner's failure to comply with a court order. Referred to Judge John A. Mendez; 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 DE ANDRE D. MILES, 12 Petitioner, 13 14 No. 2:15-cv-1938 JAM DB P v. FINDINGS AND RECOMMENDATIONS R.L. GOWER, 15 Respondent. 16 By order filed May 4, 2016, petitioner’s petition was dismissed and thirty days leave to 17 18 file an amended petition was granted. On August 25, 2016, based on petitioner’s change in 19 address, the May 4, 2016 order was re-served on petitioner. On November 14, 2016, petitioner 20 had still not filed an amended petition, so the undersigned ordered that petitioner was to file an 21 amended petition within 20 days. Twenty days from that date have now passed, and petitioner 22 has not filed an amended petition, or otherwise responded to the court’s order. Pursuant to Federal Rule of Civil Procedure 41(b), a petitioner’s failure to comply with a 23 24 court order can result in dismissal of his action. See also Rules Governing Section 2254 Cases, 25 Rule 12. In the May 4 order, petitioner was advised that his failure to file a timely amended 26 petition would result in a recommendation that this action be dismissed. In the November 14 27 order, petitioner was advised of this again. 28 //// 1 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice pursuant to Federal Rule 41(b) for petitioner’s failure to comply with a court order. These findings and recommendations will be submitted to United States District John A. 4 Mendez, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being 5 served with these findings and recommendations, any party may file written objections with the 6 court and serve a copy on all parties. The document should be captioned “Objections to 7 Magistrate Judge's Findings and Recommendations.” Any response to the objections shall be 8 filed and served within seven days after service of the objections. The parties are advised that 9 failure to file objections within the specified time may result in waiver of the right to appeal the 10 district court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: December 7, 2016 12 13 14 15 16 17 18 19 20 TIM-DLB:10 ORDERS / ORDERS.PRISONER.HABEAS / Mile1938.frdismiss 21 22 23 24 25 26 27 28 2
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