(HC) Castillo v. Hill, No. 2:2011cv03430 - Document 14 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/17/12recommending that respondent's motion to dismiss 11 be granted; and the clerk be directed to close the case. MOTION to DISMISS 11 referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

Download PDF
(HC) Castillo v. Hill Doc. 14 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARIO CASTILLO, Petitioner, FINDINGS AND RECOMMENDATIONS vs. 12 13 No. 2:11-cv-3430 LKK EFB P Respondent. 11 RICK HILL, 14 / 15 Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas 16 17 corpus. See 28 U.S.C. § 2254. On June 28, 2012, respondent moved to dismiss the petition on 18 the ground that the claims are uncognizable. Dckt. No. 11. On September 5, 2012, because 19 petitioner had not timely filed either an opposition or a statement of non-opposition to 20 respondent’s motion, the undersigned issued an order directing petitioner to file an opposition or 21 statement of non-opposition to the pending motion within 21 days. Dckt. No. 12. On September 22 13, 2012, petitioner filed a statement of non-opposition, stating that he does not oppose the 23 motion to dismiss. Dckt. No. 13. The undersigned finds that petitioner has consented to the 24 granting of respondent’s motion to dismiss. 25 //// 26 //// 1 Dockets.Justia.com 1 Accordingly, it is hereby RECOMMENDED that: 2 1. Respondent’s motion to dismiss, Dckt. No. 11, be granted; and 3 2. The Clerk be directed to close the case. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 In his objections petitioner may address whether a certificate of appealability should issue in the 12 event he files an appeal of the judgment in this case. See Rule 11, Federal Rules Governing 13 Section 2254 Cases (the district court must issue or deny a certificate of appealability when it 14 enters a final order adverse to the applicant). 15 Dated: October 17, 2012. 16 17 18 19 20 21 22 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.