(HC)Avila Gutierrez v. Warden F.C.I. Herlong ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN AVILA GUTIERREZ, No. 2:23-cv-00646 AC P 12 Petitioner, 13 v. ORDER AND FINDINGS & RECOMMENDATIONS 14 WARDEN FCI HERLONG, 15 Respondent. 16 17 By order filed May 24, 2023, the petition was screened and found to not state a claim for 18 relief. ECF No. 6. Petitioner was given thirty days to file an amended petition and cautioned that 19 failure to do so would result in a recommendation that this action be dismissed. Id. at 3. After 20 petitioner failed to file an amended petition, he was given an additional twenty-one days to amend 21 the petition and warned that failure to do so would result in a recommendation that this action be 22 dismissed without further warning. ECF No. 7. Twenty-one days have now passed, and 23 petitioner has not filed an amended petition or otherwise responded to the court’s order. 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 25 assign a United States District Judge to this action. 26 IT IS FURTHER RECOMMENDED that the petition be dismissed for failure to state a 27 claim for the reasons set forth in the May 24, 2023 Screening Order (ECF No. 6). See L.R. 110; 28 Fed. R. Civ. P. 41(b); Rules 1 & 4, 28 U.S.C. foll. § 2254. ] These findings and recommendations are submitted to the United States District Judge 2 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 3 || after being served with these findings and recommendations, petitioner may file written 4 || objections with the court. Such a document should be captioned “Objections to Magistrate 5 || Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 6 || within the specified time may waive the right to appeal the District Court’s order. Martinez v. 7 || Yist, 951 F.2d 1153 (9th Cir. 1991). 8 | DATED: September 11, 2023. 9 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28