-KJN (HC) Perry v. Napa State Hospital, No. 2:2011cv00169 - Document 5 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/15/11 ORDERING the clerk of the court is directed to assign a district judge to this case. U.S. District Judge Garland E. Burrell randomly assigned to this case. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell. Objections due within 21 days.(Plummer, M)
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-KJN (HC) Perry v. Napa State Hospital Doc. 5 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVE R. PERRY, Petitioner, 11 vs. 12 13 No. 2:11-cv-0169 KJN P NAPA STATE HOSPITAL, ORDER AND Respondent. 14 FINDINGS & RECOMMENDATIONS / 15 By order filed January 31, 2011, petitioner was directed to file an in forma 16 17 pauperis affidavit or to pay the appropriate filing fee in order to proceed with his federal habeas 18 petition which attempts to challenge the state’s procedures for establishing a conservatorship for 19 a person found gravely disabled. Plaintiff was accorded fourteen days within which to comply 20 with the court’s order, and instructed that failure to comply would result in the dismissal of this 21 action. (Dkt. No. 3 at 2.) The fourteen-day period has now expired, and petitioner has not 22 responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 23 24 assign a district judge to this case; and 25 //// 26 //// 1 Dockets.Justia.com IT IS HEREBY RECOMMENDED that this action be dismissed without 1 2 prejudice. 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 twenty- 5 one days after being served with these findings and recommendations, petitioner may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge's 7 Findings and Recommendations.” Any response to the objections shall be filed and served 8 within fourteen days after service of the objections. Petitioner is advised that failure to file 9 objections within the specified time may waive the right to appeal the District Court's order. 10 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: April 15, 2011 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 15 /perr0169.fpf 16 17 18 19 20 21 22 23 24 25 26 2