(HC) Muwwakil v. Ives, No. 2:2010cv01877 - Document 7 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kimberly J. Mueller on 9/23/10 RECOMMENDING that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus filed by Kunta Allah Muwwakil. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 days.(Dillon, M)
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(HC) Muwwakil v. Ives Doc. 7 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KUNTA ALLAH MUWWAKIL, Petitioner, FINDINGS & RECOMMENDATIONS vs. 12 13 No. CIV S-10-1877 MCE KJM P Respondent. 11 R.B. IVES, 14 / 15 Petitioner is a federal prisoner proceeding pro se. By an order filed July 30, 2010, 16 17 petitioner was ordered to file an in forma pauperis affidavit or to pay the appropriate filing fee 18 within thirty days, or his application would be dismissed. The thirty day period has now expired, 19 and petitioner has not responded to the court's order. Accordingly, IT IS HEREBY 20 RECOMMENDED that this action be dismissed without 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 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 this 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 DATED: September 23, 2010. 4 5 6 1 muww1877.fpf 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2