(HC)Vaughn v. On Habeas Corpus, No. 2:2016cv02384 - Document 8 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/6/2016 DIRECTING the Clerk to assign a district judge to this action; and RECOMMENDING this action be dismissed without prejudice. Assigned and 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 MARK A. VAUGHN, 12 13 14 15 No. 2:16-cv-2384 CKD P Petitioner, v. ORDER AND ON HABEAS CORPUS, FINDINGS AND RECOMMENDATIONS Respondent. 16 17 By order filed October 21, 2016, the petition in this action was dismissed, and petitioner 18 was granted thirty days to file an amended petition. Petitioner was advised that failure to timely 19 amend would result in a recommendation of dismissal. The thirty day period has now expired, 20 and petitioner has not responded to the court’s order. 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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: December 6, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 2/vaug2384.fta.hab 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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