(HC) Robinson v. Horvath, No. 2:2016cv01014 - Document 3 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/6/16 ORDERING that the Clerk shall assign a district judge to this case. It is RECOMMENDED that petitioner's petition for writ of habeas corpus be summarily dismissed; and this case be closed. 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 SCOTT ROBINSON, 12 13 14 No. 2:16-cv-1014 CKD P Petitioner, v. ORDER and FINDINGS AND RECOMMENDATIONS HORVATH, 15 Respondent. 16 17 Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 18 He has paid the filing fee. Generally speaking a writ of habeas corpus can only be entertained if a 19 prisoner alleges he is in custody in violation of federal law. 28 U.S.C. § 2254(a). Petitioner 20 makes no such allegation. He does not even allege he is in any form of custody. 21 22 Accordingly, IT IS HEREBY ORDERED that the Clerk shall assign a district judge to this case. 23 IT IS HEREBY RECOMMENDED that: 24 1. Petitioner’s petition for writ of habeas corpus be summarily dismissed; and 25 2. This case be closed. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, petitioner may file written 1 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 Dated: June 6, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1 robi1014.dis 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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