(HC) Mills v. Los Angeles Superior Court, No. 2:2018cv01941 - Document 10 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/12/2018 RECOMMENDING that 1 Petition for Writ of Habeas Corpus should be dismissed without prejudice, that the Clerk of Court should close this case, and that no Certificate of Appealability should issue. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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(HC) Mills v. Los Angeles Superior Court Doc. 10 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 KENNETH WAYNE MILLS, 11 12 13 14 No. 2:18-cv-01941-KJM-GGH Petitioner, v. FINDINGS AND RECOMMENDATIONS LOS ANGELES SUPERIOR COURT Respondent. 15 16 Petitioner, a state prisoner, filed a petition for habeas corpus on July 13, 2018. On 17 September 21, 2018 the undersigned, to whom this matter had been referred, issued an Order that 18 dismissed the petition with leave to amend in conformity with instructions given therein, and to 19 file an application for informa pauperis status within 45 days from the date of the Order. 20 Petitioner was advised that a failure to comply with the Order would result in a recommendation 21 that the petition be dismissed. ECF No. 6. On September 21, 2018 a copy of the court’s 22 application for in forma pauperis status was mailed to the petitioner by the Clerk of the Court. 23 ECF No. 8. A further service of the Order and the application was effected on October 3, 2018 in 24 light of petitioner’s notice of change of address received on October 2, 2018. On November 20, 25 2018 an Order to Show Cause was issued by the undersigned directing that petitioner show cause 26 why the matter should not be dismissed, and petitioner was given fifteen days to comply. ECF 27 No. 9. All of the time limits established by this court for a response from petitioner have lapsed 28 and no response has been filed. 1 Dockets.Justia.com 1 In light of the foregoing IT IS HEREBY RECOMMENDED that: 2 1. The petition should be DISMISSED without prejudice; 3 2. The Clerk of the Court should close this case; 4 3. No Certificate of Appealability should issue. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 Dated: December 12, 2018 13 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2