(HC) Mendoza v. Sullivan, No. 2:2019cv02183 - Document 12 (E.D. Cal. 2019)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/30/2019 ORDERING the Clerk to assign a district judge to the case and RECOMMENDING this action be dismissed, without prejudice. Assigned and referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
Download PDF
<![CDATA[
(HC) Mendoza v. Sullivan Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERIBERTO MENDOZA, 12 Petitioner, 13 14 No. 2:19-cv-02183 GGH P v. ORDER AND FINDINGS AND RECOMMENDATIONS SULLIVAN, Warden, 15 Respondent. 16 Petitioner, a former state prisoner proceeding pro se, has filed a petition for writ of habeas 17 18 corpus pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate 19 Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). On October 29, 2019, this case was transferred from the Northern District of California 20 21 where it was originally filed as Case No. 3:19−cv−05663−JSC. ECF Nos. 7, 8. On November 7, 22 2019, as part of its screening process, this court issued an order dismissing petitioner’s habeas 23 petition for failure to exhaust state court remedies and provided petitioner thirty days to file a 24 motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005). ECF No. 10. 25 Petitioner was further warned that a failure to comply with the court’s order and deadlines would 26 result in a recommendation that this action be dismissed. Id. Petitioner has not responded to the 27 court’s orders, nor taken any action to prosecute this case. 28 //// 1 Dockets.Justia.com 1 IT IS HEREBY ORDERED that the Clerk shall assign a district judge to the case. 2 Further, IT IS HEREBY RECOMMENDED that this action be dismissed, without 3 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 4 Civ. P. 41(b); Local Rule 110. 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, any party may file written 8 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Any response to the objections shall be filed and served within 10 fourteen days after service of the objections. The parties are advised that failure to file objections 11 within the specified time may waive the right to appeal the District Court’s order. Martinez v. 12 Ylst, 951 F.2d 1153 (9th Cir. 1991). 13 Dated: December 30, 2019 14 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
