(HC) Dekalb v. Marsh, No. 2:2010cv02063 - Document 5 (E.D. Cal. 2010)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 10/20/2010 DIRECTING the clerk to assign a district judge to this case; and RECOMMENDING that this action be dismissed as moot for the reasons expressed in the August 30, 2010 order. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due w/in 14 days. (Yin, K)
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(HC) Dekalb v. Marsh Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES DEKALB, Petitioner, 12 13 14 15 16 No. CIV S-10-2063 GGH P Respondent. 11 FINDINGS & RECOMMENDATIONS vs. MARSH, / By order August 30, 2010, petitioner was ordered to show cause, within twenty- 17 one days, why his petition should not be dismissed for mootness. The twenty-one day period has 18 now expired, and petitioner has not shown cause or otherwise responded to the court’s order. 19 IT IS HEREBY RECOMMENDED that this action be dismissed as moot for the 20 reasons expressed in the August 30, 2010 order. See Local Rule 110; Fed. R. Civ. P. 41(b). The 21 Clerk of Court is directed to assign a district judge to this case. 22 These findings and recommendations are submitted to the United States District 23 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 24 days after being served with these findings and recommendations, any party may file written 25 objections with the court and serve a copy on all parties. Such a document should be captioned 26 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 1 Dockets.Justia.com 1 shall be served and filed within fourteen days after service of the objections. The parties are 2 advised that failure to file objections within the specified time may waive the right to appeal the 3 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 DATED: October 20, 2010 5 /s/ Gregory G. Hollows 6 UNITED STATES MAGISTRATE JUDGE 7 GGH:035 deka2063.fsc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2