(HC) Garcia Galindo v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE M. GARCIA GALINDO, No. 2:23-cv-00836-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 WARDEN, 15 Respondent. 16 17 Petitioner is a federal prisoner without counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2241. On May 10, 2023, the court found that petitioner had failed to file an in forma 19 pauperis application or pay the filing fee ($5.00) required by 28 U.S.C. §§ 1914(a) & 1915(a). 20 ECF No. 3. Accordingly, the court ordered petitioner to file an in forma pauperis application or 21 pay the filing fee within 30 days. That order warned petitioner that failure to do so may result in 22 this action being dismissed. 23 The 30-day period has expired and petitioner has not filed an in forma pauperis 24 application, paid the filing fee, or otherwise responded to the court’s order. 25 Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 26 District Judge to this case. 27 ///// 28 ///// 1 Further, it is RECOMMENDED that this action be dismissed. 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, any party 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.” Any reply to the objections 7 || shall be served and filed within fourteen days after service of the objections. Failure to file 8 | objections within the specified time may waive the right to appeal the District Court’s order. 9 || Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 10 | 1991). In his objections petitioner may address whether a certificate of appealability should issue 11 || in the event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section 12 || 2254 Cases (the district court must issue or deny a certificate of appealability when it enters a 13 || final order adverse to the applicant). 14 | Dated: June 15, 2023. Donte 7 Z eb Sin “2 15 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28