(HC)Hickman v. State of California, No. 2:2013cv00300 - Document 9 (E.D. Cal. 2013)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/23/13 ORDERING that the Clerk of the Court is directed toassign this action to a United States District Judge; andIT IIS HEREBY RECOMMENDED that this action be dismissed withoutprejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)

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(HC)Hickman v. State of California Doc. 9 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MR. C. B. HICKMAN, SR., 11 12 13 14 15 16 Petitioner, No. 2:13-cv-0300 JFM P vs. STATE OF CALIFORNIA, et al., ORDER AND Respondents. FINDINGS & RECOMMENDATIONS / By order filed July 11, 2013, 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 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign this action to a United States District Judge; and IT IIS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 25 days after being served with these findings and recommendations, petitioner may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Any response to the objections shall be filed and served 2 within fourteen days after service of the objections. Petitioner is advised that failure to file 3 objections within the specified time may waive the right to appeal the District Court’s order. 4 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 DATED: July 23, 2013 6 7 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 8 9 12 hick0300.ftahab 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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