-EFB (HC) Perryman v. Warden of Folsom State Prison, No. 2:2010cv01706 - Document 6 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/1/2011 ORDERING the clerk to randomly assign a US District Judge to the case; and RECOMMENDING that this action be dismissed. Assigned and Referred to Judge John A. Mendez; Objections due w/in 14 days. (Yin, K)

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-EFB (HC) Perryman v. Warden of Folsom State Prison Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT PERRYMAN, JR., Petitioner, 11 vs. 12 13 No. CIV S-10-1706 EFB P WARDEN OF FOLSOM STATE PRISON, ORDER AND FINDINGS AND RECOMMENDATIONS 14 Respondent. 15 / 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 17 18 U.S.C. § 2254. Petitioner has paid the filing fee. On October 12, 2010, the undersigned ordered petitioner to show cause within thirty days 19 20 why his claims should not be dismissed as not cognizable under § 2254, and warned petitioner 21 that failure to comply with the order would result in a recommendation that the action be 22 dismissed. The thirty days have passed, and petitioner has not responded to the order.1 23 //// 24 1 25 26 Although it appears from the file that petitioner’s copy of the order was returned, petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 Dockets.Justia.com 1 2 Accordingly, it is ORDERED that the Clerk of the court shall randomly assign a United States District Judge to the case. 3 Further, it is RECOMMENDED that this action be dismissed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, petitioner may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: February 1, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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