(HC) Huasica v. Warden, FCI Herlong, No. 2:2023cv02271 - Document 5 (E.D. Cal. 2023)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 12/28/2023 DIRECTING the Clerk to randomly assign a United States District Judge to this action. District Judge Daniel J. Calabretta and Magistrate Judge Caroly n K. Delaney for all further proceedings. It is further RECOMMENDED that this action be dismissed without prejudice. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served with these Findings and Recommendations. New Case Number: 2:23-cv-2271 DJC CKD (HC). (Lopez, K)
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(HC) Huasica v. Warden, FCI Herlong Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE HUASICA, 12 13 14 No. 2:23-cv-02271-CKD P Petitioner, v. ORDER and FINDINGS AND RECOMMENDATIONS WARDEN, FCI HERLONG, 15 Respondent. 16 17 By order filed November 21, 2023, petitioner’s habeas application was dismissed and 18 thirty days’ leave to file an amended application was granted. The thirty day period has now 19 expired, and petitioner has not responded to the court’s order. 20 21 22 23 Accordingly, IT IS HEREBY ORDERED that the Clerk shall assign a district court 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). 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, petitioner may file written 27 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 28 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 1 Dockets.Justia.com 1 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 2 F.2d 1153 (9th Cir. 1991). 3 Dated: December 28, 2023 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12/huas2271.fta.hab 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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