(HC)Turner v. Cates, No. 2:2012cv00609 - Document 15 (E.D. Cal. 2012)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 11/27/12 ORDERING that the Clerk of the Court is directed toserve a copy of this order and findings and recommendations on petitioner at his address of record and at Salinas Valley State Prison, PO Box 1020, Soledad, CA 93960-1020; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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(HC)Turner v. Cates Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY R. TURNER, 11 12 13 14 15 16 Petitioner, No. 2:12-cv-0609 JAM JFM P vs. MATTHEW CATES, ORDER AND Respondent. FINDINGS & RECOMMENDATIONS / By order filed August 31, 2012, petitioner’s application was dismissed and thirty 17 days leave to file an amended application was granted. The thirty day period has now expired, 18 and petitioner has not filed an amended application or otherwise responded to the court’s order. 19 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 20 serve a copy of this order and findings and recommendations on petitioner at his address of 21 record and at Salinas Valley State Prison, PO Box 1020, Soledad, CA 93960-1020; and 22 IT IS HEREBY RECOMMENDED that this action be dismissed without 23 24 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 26 days after being served with these findings and recommendations, petitioner may file written 1 Dockets.Justia.com 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Any response to the objections shall be filed and served 3 within fourteen days after service of the objections. Petitioner is advised that failure to file 4 objections within the specified time may waive the right to appeal the District Court’s order. 5 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 DATED: November 27, 2012. 7 8 9 10 11 14 turn0609.ftahab 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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