(HC)Garrett v. State of California et al, No. 2:2021cv01838 - Document 7 (E.D. Cal. 2022)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/27/2022 ORDERING the Clerk to randomly assign a district judge to this action and RECOMMEDING this action be dismissed without prejudice. Assigned and referred to Judge Troy L. Nunley; Objections to F&R due within 30 days. (Yin, K)
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(HC)Garrett v. State of California et al Doc. 7 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CAMEO LOREE GARRETT, 11 Petitioner, 12 13 No. 2:21-cv-01838 DB P v. ORDER AND FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., 14 Respondents. 15 Petitioner, an inmate at Amador County Jail proceeding pro se, has filed this application 16 17 for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By order dated February 22, 2022, the 18 court ordered plaintiff to submit a completed affidavit requesting to proceed in forma pauperis or 19 pay the filing fee for this action. (ECF No. 6.) Plaintiff was given thirty days to file the required 20 affidavit or pay the filing fee. (Id. at 1.) Plaintiff was warned that failure to abide by the court’s 21 order would result in a recommendation that this action be dismissed. (Id.) Thirty days have passed. Plaintiff has not filed a request to proceed in forma pauperis, 22 23 requested additional time to file an application, paid the filing fee, or otherwise responded to the 24 court’s order. Accordingly, the court will recommend that this action be dismissed for failure to 25 prosecute and failure to comply with court orders. 26 //// 27 //// 28 //// 1 Dockets.Justia.com 1 2 3 4 5 For the reasons state above, the Clerk of the Court is ORDERED to randomly assign a district judge to this action. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 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 thirty days after 7 being served with these findings and recommendations, plaintiff may file written objections with 8 the court and serve a copy on all parties. Such a document should be captioned “Objections to 9 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 objections within the specified time may waive the right to appeal the District Court’s order. 11 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 DATED: May 27, 2022 13 14 15 16 17 18 DB:14 DB/DB Prisoner Inbox/Civil Rights/R/garr1838.fr_dism 19 20 21 22 23 24 25 26 27 28 2
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