(PC) Wilson v. Schwarzenegger, No. 2:2007cv01000 - Document 3 (E.D. Cal. 2007)

Court Description: FINDINGS and RECOMMENDATIONS, recommending that Clerk be directed to close action, signed by Magistrate Judge Craig M. Kellison on 6/5/07. Objections to F&R due w/in 20 days after being served. (Marciel, M)

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(PC) Wilson v. Schwarzenegger Doc. 3 Case 2:07-cv-01000-LKK-CMK Document 3 Filed 06/06/2007 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 DAVID WAYNE WILSON, 12 Plaintiff, 13 14 No. CIV S-07-1000-LKK-CMK-P vs. FINDINGS AND RECOMMENDATIONS ARNOLD SCHWARZENEGGER, 15 Defendant. 16 / 17 Plaintiff is a state prisoner proceeding pro se. This matter was transferred to this 18 court from the United States District Court for the Northern District of California, where 19 plaintiff’s initial pleading was filed. A review of that pleading reveals that it bears the caption 20 for this court and case number CIV-S-90-0520-LKK-JFM. Thus, this document appears to have 21 been misfiled. In any event, a new action should not have been opened. Therefore, the court 22 will recommend that this action be closed. 23 Based on the foregoing, the undersigned recommends that the Clerk of the Court 24 be directed to close this action. 25 /// 26 /// 1 Dockets.Justia.com Case 2:07-cv-01000-LKK-CMK Document 3 Filed 06/06/2007 Page 2 of 2 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 20 days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge's 5 Findings and Recommendations.” Failure to file objections within the specified time may waive 6 the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 8 DATED: June 5, 2007. 9 10 11 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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