(HC) Smith v. California Department of Correction and Rehabilitation ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TORIANO GERMAINE SMITH, No. 2:19-cv-2282-KJM-EFB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA DEPARTMENT OF CORRECTION AND 15 REHABILITATION, 16 Respondent. 17 18 Petitioner, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. 20 On January 31 2020, respondent filed a motion to dismiss. ECF No. 10. On February 26, 21 2020, the court informed petitioner of the requirements for filing an opposition to any motion to 22 dismiss. That order gave petitioner 21 days to file an opposition or statement of non-opposition 23 and warned petitioner that failure to do so would result in a recommendation that this action be 24 dismissed. 25 The 21 days have passed and petitioner has not filed an opposition or a statement of no 26 opposition nor otherwise responded to the February 26, 2020, order. 27 ///// 28 ///// 1 Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P. 41(b); 2 | Rule 12, Rules Governing § 2254 Cases. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). In 10 | his objections petitioner may address whether a certificate of appealability should issue in the 11 || event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section 2254 12 || Cases (the district court must issue or deny a certificate of appealability when it enters a final 13 || order adverse to the applicant). 14 | Dated: March 25, 2020. $ Ln Uj Z / ZS 4 , Mm 4 15 EDMUND F. BRENNAN 6 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28