(HC) Hayes v. Adams, No. 2:2009cv03365 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 9/17/2010 RECOMMENDING that this action be dismissed w/out prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days.(Yin, K)
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(HC) Hayes v. Adams Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HAYES, Petitioner, 11 12 13 No. CIV S-09-3365 GEB GGH P vs. DERRAL G. ADAMS, Respondent. 14 FINDINGS & RECOMMENDATIONS / 15 By an order filed July 20, 2010, the petition for habeas corpus was dismissed with 16 17 leave to file a civil rights action within twenty-eight days. The twenty-eight day period has now 18 expired, and petitioner has not responded to the court’s order and has not filed a civil rights 19 action. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 20 prejudice. 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 fourteen 23 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.” Any response to the objections shall be filed and served 26 within fourteen days after service of the objections. Petitioner is advised that failure to file 1 Dockets.Justia.com 1 objections within the specified time may waive the right to appeal the District Court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 DATED: September 17, 2010 4 /s/ Gregory G. Hollows 5 UNITED STATES MAGISTRATE JUDGE 6 hawe3365.fff 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2