Opinion
No. CIV S-07-0460 LKK DAD P.
June 22, 2007
FINDINGS RECOMMENDATIONS
By order filed May 8, 2007, petitioner's amended petition for writ of habeas corpus was dismissed and thirty days leave to file a second amended petition was granted. The thirty day period has now expired, and petitioner has not filed a second amended petition or otherwise responded to the court's order.
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed.R.Civ.P. 41(b).
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 twenty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is advised that 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).