(HC) Kruse v. Madsen, No. 2:2014cv02393 - Document 6 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/12/15 ORDERING that the Clerk of the Court is directed to assign a district judge to this case. It is RECOMMENDED 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DOUGLAS KRUSE, 12 Petitioner, 13 14 15 v. No. 2:14-cv-02393-KJN P ORDER AND BARBARA MADSEN, FINDINGS AND RECOMMENDATIONS Respondents. 16 17 On October 10, 2014, petitioner, a state prisoner proceeding without counsel, filed an 18 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order filed November 19 14, 2014, petitioner’s application was dismissed and thirty days’ leave to file an amended 20 application was granted. The thirty day period has now expired, and petitioner has not filed an 21 amended application or otherwise responded to the court’s order. 22 23 24 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this case. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, petitioner may file written 1 1 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 2 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 3 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 4 F.2d 1153 (9th Cir. 1991). 5 Dated: January 12, 2015 6 7 krus2393.fta.hab 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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