(PC)Slavens v. Powell, No. 2:2020cv02448 - Document 7 (E.D. Cal. 2021)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/15/2021 ORDERING Clerk to assign a district judge to this action and RECOMMENDING this action be dismissed. Assigned and referred to Judge Troy L. Nunley. 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 ROBERT SLAVENS, 12 Petitioner, 13 14 No. 2: 20-cv-2448 KJN P v. ORDER & FINDINGS & RECOMMENDATIONS TERRY POWELL, et al., 15 Respondents. 16 Petitioner is a county prisoner, proceeding without counsel, with a petition for writ of 17 18 habeas corpus pursuant to 28 U.S.C. § 2254. On December 17, 2020, the undersigned granted 19 petitioner thirty days to file a habeas corpus petition that complies with the requirements of the 20 Rules Governing Section 2254 Cases, the Federal Rules of Civil Procedure and the Local Rules 21 of Practice. (ECF No. 3.) On February 3, 2021, the undersigned granted petitioner a thirty days extension of time to 22 23 file a habeas corpus petition. (ECF No. 5.) Thirty days passed and petitioner did not file a habeas 24 corpus petition or otherwise respond to the February 3, 2021 order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district 25 26 judge to this action; and IT IS HEREBY RECOMMENDED that this action be dismissed. 27 28 //// 1 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, petitioner may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: March 15, 2021 9 10 11 Sla2448.56 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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