(HC) Sherman v. Soto, No. 2:2014cv00973 - Document 5 (E.D. Cal. 2014)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/24/2014 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD H. SHERMAN, 12 No. 2:14-cv-0973 CKD P Petitioner, 13 v. 14 J. SOTO, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Respondents. 16 17 By order filed May 15, 2014, petitioner’s habeas application was dismissed and thirty 18 days’ leave to file an amended application was granted. The thirty day period has now expired, 19 and petitioner has not responded to the court’s order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 1 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: June 24, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 2 / sher0973.fta.hab 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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