(HC) Bretz v. United States District Court ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DREW PATTERSON BRETZ, Case No. 1:20-cv-00651-SKO (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE 13 v. FINDINGS AND RECOMMENDATION 14 UNITED STATES DISTRICT COURT, 15 Respondent. 16 17 On May 7, 2020, Petitioner filed a petition for writ of habeas corpus in this Court. (Doc 18 1.) After conducting a preliminary review of the petition, the Court determined that the petition 19 failed to present any cognizable grounds for relief, failed to demonstrate exhaustion of state 20 remedies, and failed to name a proper respondent. Therefore, on May 12, 2020, the Court 21 dismissed the petition and directed Petitioner to file an amended petition within thirty days. (Doc. 22 4.) Over thirty days have passed and Petitioner has failed to comply. Petitioner was forewarned 23 that failure to file an amended petition within the allotted time would result in a recommendation 24 that the case be dismissed. 25 ORDER 26 IT IS HEREBY ORDERED that the Clerk of Court is DIRECTED to assign a District 27 Judge to the case. 1 RECOMMENDATION 2 For the foregoing reasons and for reasons stated in the Court’s order dismissing the 3 petition (Doc. 4), the Court HEREBY RECOMMENDS that this action be DISMISSED for 4 failure to present a cognizable ground for relief, failure to demonstrate exhaustion of state 5 remedies, failure to name a proper respondent, and failure to comply with a court order. 6 This Findings and Recommendation is submitted to the assigned District Court Judge, 7 pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the Local Rules of 8 Practice for the United States District Court, Eastern District of California. Within ten days after 9 service of the Findings and Recommendation, Petitioner may file written objections with the 10 Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 11 Recommendation.” The Court will then review the Magistrate Judge’s ruling pursuant to 28 12 U.S.C. § 636(b)(1)(C). Petitioner is advised that failure to file objections within the specified 13 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 14 (9th Cir. 1991). 15 IT IS SO ORDERED. 16 Sheila K. Oberto 17 Dated: June 19, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27