(HC) Mills v. State of California, No. 2:2005cv01775 - Document 10 (E.D. Cal. 2006)

Court Description: ORDER signed by Judge Morrison C. England Jr. on 9/21/06 VACATING 7 Order Adopting Findings and Recommendations and 8 Judgment. The Clerk is directed to send petitioner a copy of the 5/2/06 Findings and Recommendations. The Petitioner is GRANTED 20 days within which to file objections to the findings are recommendations. Case reopened. (Donati, J)

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(HC) Mills v. State of California Doc. 10 Case 2:05-cv-01775-MCE-KJM Document 10 Filed 09/21/2006 Page 1 of 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH MILLS, 12 No. 2:05-cv-1775-MCE-KJM-P Petitioner, 13 v. ORDER 14 STATE OF CALIFORNIA, 15 Respondent. 16 / 17 On July 7, 2006, the court dismissed this action pursuant to the May 2, 2006 18 recommendation made by the Magistrate Judge assigned to this case. On July 19, 2006, 19 petitioner filed a document indicating petitioner never received a copy of the findings and 20 recommendations. Good cause appearing, IT IS HEREBY ORDERED that: 21 1. The court’s July 7, 2006 order dismissing this action is vacated; 22 2. The Clerk of the Court is directed to send petitioner a copy of the Magistrate Judge’s 23 May 2, 2006 findings and recommendations; and 24 ///// 25 ///// 26 ///// 1 Dockets.Justia.com Case 2:05-cv-01775-MCE-KJM 1 Document 10 Filed 09/21/2006 Page 2 of 2 3. Petitioner is granted twenty days within which to file objections to the findings and 2 recommendations. If petitioner fails to file objections within twenty days, the findings and 3 recommendations will be adopted and this action will be dismissed. 4 DATED: September 21, 2006 5 6 7 8 ___________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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