(HC) Sanchez v. Spearmen, No. 1:2017cv00723 - Document 21 (E.D. Cal. 2018)

Court Description: ORDER Directing Clerk of Court to Assign District Judge; FINDINGS and RECOMMENDATIONS recommending that the Petition (Doc. 1 ) be DISMISSED for Lack of Jurisdiction signed by Magistrate Judge Jennifer L. Thurston on 4/3/2018. This case has been assigned to District Judge Anthony W. Ishii and Magistrate Judge Jennifer L. Thurston. The new case number is 1:17-cv-00723-AWI-JLT (HC). Referred to Judge Ishii. Objections to F&R due within ten (10) days. (Jessen, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO SANCHEZ, 12 13 14 15 Case No. 1:17-cv-00723-JLT-HC Petitioner, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE v. FINDINGS AND RECOMMENDATION TO DISMISS PETITION FOR WRIT OF HABEAS CORPUS PEOPLE OF CALIFORNIA, Respondent. [TEN DAY OBJECTION DEADLINE] 16 17 On May 15, 2017, Petitioner filed a federal petition for writ of habeas corpus. He named 18 People of California as the respondent in this matter. However, People of California is not a 19 proper respondent. On July 12, 2017, the Court issued an order advising Petitioner of his failure 20 to name a proper respondent and granting him an opportunity to amend the petition in order to 21 avoid dismissal of the action. Petitioner was advised that failure to amend the petition to state a 22 proper respondent would result in dismissal for lack of jurisdiction. Over thirty days passed and 23 Petitioner failed to amend the petition or respond in any way. Therefore, the Court will 24 recommend the petition be DISMISSED. 25 26 27 28 ORDER the Court ORDERS the Clerk of Court to assign a District Judge to this case. RECOMMENDATION The Court RECOMMENDS that the petition be dismissed as for lack of jurisdiction. 1 1 This Findings and Recommendation is submitted to the United States District Court 2 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and 3 Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of 4 California. Within ten days after being served with a copy, Petitioner may file written objections 5 with the Court. Such a document should be captioned “Objections to Magistrate Judge’s 6 Findings and Recommendation.” The Court will then review the Magistrate Judge’s ruling 7 pursuant to 28 U.S.C. § 636 (b)(1)(C). Petitioner is advised that failure to file objections within 8 the specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 11 12 IT IS SO ORDERED. Dated: April 3, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2