(HC)Bowman v. Unknown, No. 2:2014cv02065 - Document 6 (E.D. Cal. 2014)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/15/2014 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING that this action be dismissed for petitioner's failure to file a habeas corpus petition as ordered by the court. Assigned and Referred to Judge Morrison C. England, Jr.; Objections due within 14 days.(Yin, K)
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(HC)Bowman v. Unknown Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES BOWMAN, 12 Petitioner, 13 14 No. 2:14-cv-2065 KJN P v. ORDER AND FINDINGS AND RECOMMENDATIONS UNKNOWN, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding without counsel. On September 5, 2014, 18 petitioner opened this action by filing a document seeking an extension of time to file a habeas 19 corpus petition. (ECF No. 1.) On September 17, 2014, the undersigned granted petitioner thirty 20 days to file a habeas corpus petition that complies with the requirements of the Rules Governing 21 Section 2254 Cases, the Federal Rules of Civil Procedure and the Local Rules of Practice. (ECF 22 No. 3.) On October 29, 2014, the undersigned granted petitioner a thirty day extension of time to 23 24 file his habeas corpus petition. (ECF No. 5.) Thirty days passed and petitioner did not file a 25 habeas corpus petition. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district 26 27 judge to this action; and 28 //// 1 Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that this action be dismissed for petitioner’s failure to file a habeas corpus petition as ordered by the court. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, petitioner 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.” Petitioner is advised that 8 failure to file objections within the specified time may waive the right to appeal the District 9 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: December 15, 2014 11 12 Bow2065.156 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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