(HC) Xabandith v. Horel, No. 2:2009cv02550 - 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 shall randomly assign a U.S. District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 21 days. (Plummer, M)
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(HC) Xabandith v. Horel Doc. 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHANHAHA XABANDITH, 11 Petitioner, 12 13 No. CIV S-09-2550 DAD P vs. ROBERT A. HOREL, 14 ORDER AND Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed October 9, 2009, petitioner’s petition for writ of habeas corpus was 17 dismissed and thirty days leave to file an amended petition was granted. On November 9, 2009, 18 petitioner was granted an additional thirty days to file an amended petition and was cautioned 19 that failure to do so would result in a recommendation for dismissal of this action. The time 20 period has now expired, and petitioner has not filed an amended petition or otherwise responded 21 to the court’s order. 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; 24 IT IS HEREBY RECOMMENDED that this action be dismissed without 25 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 one days after being served with these findings and recommendations, petitioner may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: December 22, 2009. 9 10 11 12 DAD:lg xaba2550.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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