(HC) Arciniega Calzada v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDMUNDO ARCINIEGA CALZADA, No. 2:23-cv-00599-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 WARDEN, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of 18 habeas corpus brought under 28 U.S.C. § 2241. On June 26, 2023, respondent filed a motion to 19 dismiss the petition. ECF No. 13. On July 28, 2023, the court informed petitioner of the 20 requirements for filing an opposition to a motion to dismiss. ECF No. 14. That order gave 21 petitioner twenty-one (21) days to file an opposition or statement of non-opposition. Id. The 22 order also warned petitioner that his failure to respond to the motion to dismiss would result in the 23 dismissal of this action. Id. 24 The time for acting has passed and petitioner has not filed an opposition or a statement of 25 non-opposition, nor has he otherwise responded to the court’s order. 26 Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 27 District Judge to this action. 28 ///// ] Further, it is RECOMMENDED that this action be dismissed without prejudice. See E.D. 2 || Cal. LR. 110; Fed. R. Civ. P. 41(b). 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). 10 11 || Dated: September 1, 2023. □□ PDEA EDMUND F. BRENNAN 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28