(HC) Rhone v. Butte County Jail, No. 2:2018cv00834 - Document 5 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 11/6/18 DIRECTING the clerk to randomly assign a district judge. District Judge John A. Mendez added. It is further RECOMMENDED that the petition be dismissed w ithout leave to amend for failure to prosecute and for failure to obey a court order pursuant to Federal Rule of Civil Procedure 41(b); that no Certificate of Appealability should be issued; and that this case be closed. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. New Case Number: 2:18-cv-0834-JAM-GGH (HC).(Coll, A)

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(HC) Rhone v. Butte County Jail Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TREVOR NEIL RHONE, 12 13 14 15 No. 2:18-cv-834-GGH Petitioner, FINDINGS AND RECOMMENDATIONS; ORDER v. BUTTE COUNTY JAIL, Respondent. 16 17 Petitioner filed his writ of habeas corpus in pro se on April 6, 2018. ECF No. 1. 18 Petitioner consented to the jurisdiction of this court for all purposes on April 15, 2018. ECF No. 19 3. However, because respondent has not been served or consented to the undersigned as the 20 presiding judge, Ninth Circuit authority does not permit the undersigned to act as the presider. 21 On April 25, 2018 this court issued an order dismissing the petition with leave to amend 22 within 45 days of the date of the Order and providing petitioner with an application to continue 23 with his action in forma pauperis. ECF No. 4. In that Order the petitioner was warned that a 24 failure to seek in forma pauperis status and to file an amended complaint within 45 days of the 25 date of the Order would result in a dismissal of the action and closure of the file. Id at 4:6-7. 26 Petitioner has filed neither the application nor an amended complaint. 27 28 In essence, petitioner has abandoned his habeas corpus effort by ignoring the Order of this court. Under these circumstances the court sees no purpose in taking any action to involve the 1 Dockets.Justia.com 1 respondent in this matter along with the attendant cost both to respondent and to the court. 2 3 4 CONCLUSION In light of the foregoing, IT IS HEREBY ORDERED that: the Clerk shall assign a district judge to this case; 5 IT IS HEREBY RECOMMENDED that: 6 1. 7 The petition should be dismissed without leave to amend for failure to prosecute and for failure to obey a court Order pursuant to Federal Rule of Civil Procure 41(b); 8 2. No Certificate of Appealability should issue; 9 3. The Clerk of the Court should close this case. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty (20) days 12 after being served with these findings and recommendations, petitioner may file written 13 objections with the court. Id.; see also Eastern District of California Local Rule 304(b). Such a 14 document should be captioned “Objections to Magistrate Judge’s Findings and 15 Recommendations.” Failure to file objections within the specified time may waive the right to 16 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 17 v. Ylst, 951 F.2d 1153, 1156-57 (9th Cir. 1991). 18 Dated: November 6, 2018 19 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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