(HC) Butler v. Inch, No. 2:2018cv00304 - Document 14 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 7/13/2018 RECOMMENDING 1 Petition for Writ of Habeas Corpus should be dismissed, no certificate of appealability should issue, and the Clerk of Court should close this case. Referred to Judge Troy L. Nunley. Objections due within 30 days after entry of these findings and recommendations. (Henshaw, R)
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(HC) Butler v. Inch Doc. 14 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY BUTLER, 12 No. 2:18-cv-00304-TLN-GGH Petitioner, 13 v. 14 MARK S. INCH, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 18 Petitioner filed his petition for writ on February 8, 2018. ECF No. 1. On April 22, 20018 19 respondent filed a Motion to Dismiss the petition. ECF No. 11. On June 1, 2018, this court 20 issued an Order directing petitioner to file either an Opposition to the motion or a Statement of 21 Non-Opposition to respondent’s motion within thirty (30) days of the issuance of the Order. 22 Petitioner has done neither. As a result, the court will recommend that petitioner petition be 23 dismissed pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to 24 obey a court order. 25 In light of the foregoing IT IS HEREBY RECOMMENDED that: 26 1. 27 The petition for writ of habeas corpus should be dismissed based on Federal Rule of Civil Procedure 41(b); 28 1 Dockets.Justia.com 1 2. No certificate of appealability should be issued; 2 3. The Clerk of the Court should close this case. 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 thirty days after 5 entry of these findings and recommendations, petitioner may file written objections with the 6 court. Such a document should be captioned “Objections to Magistrate Judge's Findings and 7 Recommendations.” The petitioner is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th 9 Cir. 1991). 10 11 12 Dated: July 13, 2018 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2