(HC) McKoy v. Dexter, No. 2:2008cv02911 - Document 18 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 10/29/09 RECOMMENDING that the 15 motion to dismiss be granted and this action dismissed w/out prejudice. Referred to Judge John A. Mendez; Objections to F&R due w/in 20 days. (Yin, K)

Download PDF
(HC) McKoy v. Dexter Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENTRIC DEVONE MCKOY, Petitioner, 11 vs. 12 13 No. CIV-S-08-2911 JAM KJM P DEBRA DEXTER, Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 16 Petitioner is a state prisoner proceeding with an application for writ of habeas 17 corpus under 28 U.S.C. § 2254. On July 31, 2009, the court issued an order for petitioner to 18 show cause, within twenty days, why respondent’s motion to dismiss should not be granted for 19 petitioner’s failure to file a response. See Docket No. 17. Petitioner has not filed an opposition 20 to the motion to dismiss or otherwise complied with the order to show cause. Therefore the 21 undersigned will recommend that the motion to dismiss be granted and this action dismissed 22 without prejudice. Accordingly, IT IS HEREBY RECOMMENDED that the motion to dismiss 23 24 (Docket No. 15) be granted and this action dismissed without prejudice. 25 ///// 26 ///// 1 Dockets.Justia.com 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 twenty 3 days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 6 shall be served and filed within ten days after service of the objections. The parties are advised 7 that failure to file objections within the specified time may waive the right to appeal the District 8 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: October 29, 2009. 10 11 12 13 4 mcko2911.157 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.