(HC) Starr v. Cano, No. 2:2016cv00510 - Document 10 (E.D. Cal. 2016)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 4/6/16 ORDERING that 9 Motion is DENIED without prejudice; and Petitioner shall file objections, if any, to the March 17, 2016 findings and recommendations on or before April 15, 2016.(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 ROBIN GILLEN STARR, 12 13 14 15 No. 2:16-cv-0510 KJM KJN P Petitioner, v. ORDER CANO, Respondent. 16 17 Petitioner is a state prisoner proceeding without counsel. On April 1, 2016, petitioner 18 filed a document styled, “Notice of Motion for Summary Judgment in Favor of Petitioner,” 19 claiming that because respondent has not answered, default should be entered. (ECF No. 9.) 20 However, the court has not yet directed respondent to file an answer. Indeed, on March 17, 2016, 21 the undersigned recommended that this action be “dismissed without prejudice to its re-filing 22 upon obtaining authorization from the United States Court of Appeals for the Ninth Circuit.” 23 (ECF No. 5 at 2.) Accordingly, petitioner’s motion is premature and is denied without prejudice. 24 Since the findings and recommendations were issued, petitioner was transferred, and the 25 Clerk of the Court re-served the findings and recommendations on petitioner’s current address on 26 April 1, 2016. Thus, petitioner’s objections are due on or before April 15, 2016. 27 Accordingly, IT IS HEREBY ORDERED that: 28 1. Petitioner’s April 1, 2016 motion (ECF No. 9) is denied without prejudice; and 1 1 2. Petitioner shall file objections, if any, to the March 17, 2016 findings and 2 recommendations on or before April 15, 2016. 3 Dated: April 6, 2016 4 5 /star0510.111 6 7 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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