(HC) Phillips v. Horel, No. 2:2008cv02120 - Document 13 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 01/06/11 recommending that this action be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)

Download PDF
(HC) Phillips v. Horel Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRESTON L. PHILLIPS, 11 Petitioner, 12 13 14 15 No. 2:08-cv-2120 FCD KJN P vs. WARDEN ROBERT HOREL, Respondent. FINDINGS & RECOMMENDATIONS / 16 Petitioner is proceeding without counsel with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. As noted in this court’s December 10, 2010 order, petitioner has 18 been released on parole. By the order filed December 10, 2010, petitioner was ordered to show 19 cause, within twenty-one days, why his action should not be dismissed based on his failure to file 20 a notice of change of address. Petitioner was also cautioned that failure to comply with the order 21 would result in a recommendation that this action be dismissed. The twenty-one day period has 22 now expired, and petitioner has not shown cause or otherwise responded to the court’s order. 23 24 25 26 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 Dockets.Justia.com 1 days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 4 shall be served and filed within fourteen days after service of the objections. The parties are 5 advised that failure to file objections within the specified time may waive the right to appeal the 6 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: January 6, 2011 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 phil2120.fsc 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.