(HC) Gittens v Unknown, No. 2:2022cv01708 - Document 11 (E.D. Cal. 2022)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/08/2022 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Spichka, K.)

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(HC) Gittens v Unknown Doc. 11 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 DUANE ANGELO GITTENS, 10 11 12 No. 2:22-cv-01708-KJM-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS ON HABEAS CORPUS, 13 Respondent. 14 15 Mr. Gittens is a state prisoner without counsel. On November 2, 2022, the court found 16 that Mr. Gittens had failed to either pay the appropriate filing fee or submit a proper application 17 seeking leave to proceed in forma pauperis. ECF No. 9. Accordingly, the court directed Mr. 18 Gittens to submit either the filing fee or the application required by 28 U.S.C. § 1915(a) within 19 thirty days. Id. The court also warned Mr. Gittens that failure to do so would result in this action 20 being dismissed. Id. The time for acting has now passed and Mr. Gittens has not paid the filing 21 fee, submitted an application for leave to proceed in forma pauperis, or otherwise responded to 22 the court’s order. 23 24 Accordingly, it is hereby RECOMMENDED that this action be dismissed without prejudice. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be served and filed within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 5 v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 7 Dated: December 8, 2022. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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