(HC) Hall v. Fox, No. 2:2016cv02628 - Document 11 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 9/26/2017 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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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 JAMES EARL HALL, 12 No. 2:16-cv-2628 MCE DB P Petitioner, 13 v. 14 ROBERT FOX, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 18 under 28 U.S.C. § 2254. On June 23, 2017, the court screened the petitioner and dismissed it 19 with leave to amend because it only alleged violations of California state sentencing law, which 20 are not recognized in a federal habeas proceeding. (ECF No. 10.) The court ordered petitioner to, 21 within thirty days, file an amended petition. (Id.) Petitioner was warned that his failure to 22 comply with the order may result in dismissal of the action. 23 The 30 day deadline has expired and petitioner did not submit an amended petition. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice 25 for failure to prosecute and failure to comply with this court’s orders. 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, plaintiff may file written objections 1 1 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Any response to the objections shall be filed and served within fourteen 3 days after service of the objections. Plaintiff is advised that failure to file objections within the 4 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 5 F.2d 1153 (9th Cir. 1991). 6 Dated: September 26, 2017 7 8 9 10 11 12 TIM-DLB:10 DB / ORDERS / ORDERS.PRISONER.HABEAS / hall.2628.fr.dismiss 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2