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Fond v. Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 21, 2020
No. 2:20-cv-1145 AC P (E.D. Cal. Jul. 21, 2020)

Opinion

No. 2:20-cv-1145 AC P

07-21-2020

PHILLIP FOND, Petitioner, v. RALPH DIAZ, Respondent.


ORDER and FINDINGS AND RECOMMENDATIONS

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. By order filed June 11, 2020, this court directed petitioner to submit an application to proceed in forma pauperis or pay the filing fee within thirty days. See ECF No. 3. Petitioner was cautioned that "failure to comply with this order will result in a recommendation that this action be dismissed." Id. at 1. The thirty-day period has expired and petitioner has not responded to the court's order.

Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this action.

Further, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days after service of these findings and recommendations, petitioner may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: July 21, 2020

/s/_________

ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE


Summaries of

Fond v. Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 21, 2020
No. 2:20-cv-1145 AC P (E.D. Cal. Jul. 21, 2020)
Case details for

Fond v. Diaz

Case Details

Full title:PHILLIP FOND, Petitioner, v. RALPH DIAZ, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 21, 2020

Citations

No. 2:20-cv-1145 AC P (E.D. Cal. Jul. 21, 2020)