(HC) Beltran v. Aitken et al, No. 2:2011cv01857 - Document 16 (E.D. Cal. 2011)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/16/2011 ORDERING the clerk to appoint a district judge to this action; and RECOMMENDING that respondents' 13 motion to dismiss be granted. Assigned and Referred to Judge Lawrence K. Karlton; Objections due within 21 days. (Yin, K)
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(HC) Beltran v. Aitken et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GIRLIE BELTRAN, 11 Petitioner, 12 13 No. 2: 11-cv-1857 KJN P vs. TIM AITKEN, et al., 14 ORDER AND Respondents. 15 FINDINGS AND RECOMMENDATIONS / 16 Petitioner is proceeding, through counsel, with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2241. On October 7, 2011, respondent filed a motion to dismiss for lack 18 of jurisdiction. On November 3, 2011, the undersigned ordered petitioner to show cause for her 19 failure to oppose respondent’s motion. On November 11, 2011, petitioner filed a response to the 20 show cause order and a statement of non-opposition to respondent’s motion. Good cause 21 appearing, the order to show cause is discharged and the undersigned recommends that 22 respondent’s unopposed motion to dismiss be granted. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint 24 a district judge to this action; and 25 //// 26 //// 1 Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that respondent’s motion to dismiss (Dkt. No. 13) be granted. 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, 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 response to the 8 objections shall be filed and served within fourteen days after service of the objections. The 9 parties are advised that failure to file objections within the specified time may waive the right to 10 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: November 16, 2011 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 bel1857.mtd 16 17 18 19 20 21 22 23 24 25 26 2