(HC) Vasquez v. Muniz, No. 2:2016cv00042 - Document 4 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/24/16 ORDERING that the Clerk of the Court assign a district court judge to this case; and it is RECOMMENDED that this action be dismissed without prejudice. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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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 ENRIQUE VASQUEZ, 12 13 14 No. 2:16-cv-0042 CKD P Petitioner, v. ORDER AND WILLIAM L. MUNIZ, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 17 On January 12, 2016, petitioner was ordered to file: 1) a petition for writ of habeas 18 corpus; and 2) a request to proceed in forma pauperis or pay the appropriate filing fee. Petitioner 19 was granted thirty days to do so and was warned that failure to comply would result in this action 20 being dismissed. The thirty day period has now expired, and petitioner has not responded to the 21 court’s order. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district court judge to this case; and 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 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: February 24, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 1 vasq0042.fnrs 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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