-CMK (TEMP)(HC) Pombrio v. Salinas, No. 2:2009cv02577 - Document 40 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 01/12/11 recommending that this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)
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-CMK (TEMP)(HC) Pombrio v. Salinas Doc. 40 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, 11 Petitioner, 12 vs. 13 No. CIV S-09-2577 WBS CMK (TEMP) P S.M. SALINAS, 14 Respondent. 15 FINDINGS AND RECOMMENDATIONS / 16 By order filed November 22, 2010, petitioner’s habeas application was dismissed 17 and thirty days’ leave to file an amended application was granted. The thirty day period has now 18 expired, and petitioner has not responded to the court’s order. 19 20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed 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 4 DATED: January 12, 2011 5 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 kc/mp pomb2577.133a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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