(HC) Herndon v. Department of Justice, No. 2:2015cv02255 - Document 8 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/27/2016 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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(HC) Herndon v. Department of Justice Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERROD LONZELL HERNDON, 12 No. 2:15-cv-2255 JAM KJN P Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 DEPARTMENT OF JUSTICE, 15 Respondents. 16 By order filed December 9, 2015, petitioner’s habeas application was dismissed and thirty 17 18 days’ leave to file an amended application was granted. The thirty day period has now expired, 19 and petitioner has not responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 21 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, petitioner may file written 25 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 26 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 27 ///// 28 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: January 27, 2016 4 5 6 7 Hern2255.fta 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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