(HC) Thao v. Swarthouth, No. 2:2009cv03572 - Document 16 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/23/10 recommending that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)
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(HC) Thao v. Swarthouth Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLIE CHONG THAO, 11 12 13 14 Petitioner, vs. SWARTHOUT, Warden, Respondent. 15 16 No. CIV S-09-3572 WBS DAD FINDINGS & RECOMMENDATIONS / On October 6, 2010, the court dismissed petitioner’s application for a writ of 17 habeas corpus and granted him thirty days leave to file an amended petition. On November 5, 18 2010, the court granted petitioner an additional thirty days to file an amended petition. The thirty 19 day period has now expired, and petitioner has not filed an amended petition or otherwise 20 responded to the court’s order. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, petitioner may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: November 23, 2010. 5 6 7 8 9 DAD:9 thao3572.fta 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2