(HC) Huerta v. Superior Court of the State of California in the County of Placer ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GUILIVALDO HUERTA, No. 2:19-cv-0358 DB P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE COUNTY OF 15 PLACER, 16 Respondent. 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges he is serving an erroneous sentence. By 20 order dated May 20, 2019 the court screened the petition, determined the sole ground for relief 21 alleged was not cognizable in a federal habeas corpus proceeding, and dismissed the petition with 22 leave to amend. (ECF No. 6.) The court directed petitioner to file an amended petition within 23 thirty days and warned him that failure to file an amended petition would result in a 24 recommendation that this action be dismissed. Those thirty days have passed, and petitioner has 25 not filed an amended petition, dismissed this action, or otherwise responded to the court’s order. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 27 assign a district judge to this action. 28 //// 1 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 2 These findings and recommendations are submitted to the United States District Judge 3 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 | after being served with these findings and recommendations, petitioner may file written 5 | objections with the court and serve a copy on all parties. Such a document should be captioned 6 | “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 7 | failure to file objections within the specified time may waive the right to appeal the District 8 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991). 9 | Dated: October 21, 2019 10 11 D ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 DLB:12 15 | DLB:1/Orders/Prisoner/Habeas/huer0358.f&r.dism 16 17 18 19 20 21 22 23 24 25 26 27 28