-GGH (HC) Reed v. Martel, No. 2:2010cv02405 - Document 22 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/13/11 RECOMMENDING that the 12 Motion to Dismiss be granted and the 1 Petition for Writ of Habeas Corpus be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Michel, G)

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-GGH (HC) Reed v. Martel Doc. 22 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER REED, 11 Petitioner, 12 13 No. CIV S-10-2405 KJM GGH P vs. MICHAEL MARTEL, 14 Respondent. 15 FINDINGS & RECOMMENDATIONS / 16 By order dated April 11, 2011, petitioner was ordered to show cause, within 17 twenty-eight days, why his action should not be dismissed for failure to oppose respondent’s 18 motion to dismiss. In essence, petitioner was given an opportunity to rectify his non-opposition. 19 The twenty-eight day period has now expired, and petitioner has not shown cause or otherwise 20 responded to the court’s order. Petitioner has failed to oppose the motion to dismiss filed by 21 respondent. 22 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 110; Fed. R. Civ. P. 41(b). If petitioner files objections, he shall also address if a certificate of appealability 25 should issue and, if so, as to which issues. A certificate of appealability may issue under 28 26 U.S.C. § 2253 “only if the applicant has made a substantial showing of the denial of a 1 Dockets.Justia.com 1 constitutional right.” 28 U.S.C. § 2253(c)(2). The certificate of appealability must “indicate 2 which specific issue or issues satisfy” the requirement. 28 U.S.C. § 2253(c)(3). 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 5 days after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 8 shall be served and filed within fourteen days after service of the objections. The parties are 9 advised that failure to file objections within the specified time may waive the right to appeal the 10 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: July 13, 2011 12 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 13 14 reed2405.fsc.hab GGH:014 15 16 17 18 19 20 21 22 23 24 25 26 2

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