(HC) Pombrio v. Salinas, No. 2:2009cv02577 - Document 33 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 8/5/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge William B. Shubb; Objections to F&R due w/in 21 days. (Yin, K)
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(HC) Pombrio v. Salinas Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT E. POMBRIO, Petitioner, 11 12 vs. 13 No. CIV S-09-2577 WBS KJM P S.M. SALINAS, Respondent. 14 FINDINGS AND RECOMMENDATIONS / 15 By order filed June 10, 2010, petitioner was granted thirty days in which to file an 16 17 application for writ of habeas corpus or a civil rights complaint. The thirty day period has now 18 expired, and petitioner has not responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 19 20 without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 21 These findings and recommendations are submitted to the United States District 22 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 23 one days after being served with these findings and recommendations, petitioner may file written 24 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 25 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 26 ///// 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 DATED: August 5, 2010. 4 5 1 pomb2577.fta 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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