(HC) Ramos v. Unnamed, No. 2:2009cv01831 - Document 11 (E.D. Cal. 2009)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/22/09 ORDERING the clerk of the court is directed to randomly assign a US District Judge to this action. U.S. District Judge John A. Mendez randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections due within 21 days. (Plummer, M)
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(HC) Ramos v. Unnamed Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OSCAR RAMOS, 11 12 13 14 15 16 Petitioner, No. CIV S-09-1831 DAD P vs. WARDEN ADAMS, ORDER AND Respondent. FINDINGS AND RECOMMENDATIONS / By order filed November 3, 2009, petitioner’s amended petition for writ of habeas 17 corpus was dismissed and thirty days leave to file a second amended petition was granted. The 18 thirty day period has now expired, and petitioner has not filed a second amended petition or 19 otherwise responded to the court’s order. 20 21 22 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; 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 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 26 twenty-one days after being served with these findings and recommendations, petitioner may file 1 Dockets.Justia.com 1 written objections with the court. The document should be captioned “Objections to Magistrate 2 Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 4 Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: December 22, 2009. 6 7 8 9 DAD:lg ramo1831.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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