(HC) Bennett v. Clark et al, No. 2:2010cv00214 - Document 8 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/13/2010 ORDERING the clerk to randomly assign a US Distric Judge; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 21 days. (Yin, K)
Download PDF
(HC) Bennett v. Clark et al Doc. 8 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK EDWARD BENNETT, 11 12 13 14 15 16 Petitioner, No. CIV S-10-0214 DAD P vs. KEN CLARK, et al., ORDER AND Respondents. FINDINGS & RECOMMENDATIONS / By order filed August 4, 2010, petitioner was order to file within thirty days a 17 habeas petition using the court’s form petition. The thirty day period has now expired, and 18 plaintiff has not filed his habeas petition or otherwise responded to the court’s order. 19 Although it appears from the file that petitioner’s copy of the order was returned, 20 petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of 21 his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record 22 address of the party is fully effective. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign this case to a U.S. District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 7 1153 (9th Cir. 1991). 8 DATED: September 13, 2010. 9 10 11 12 DAD:4 benn0214.fta.nca 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2