Nguon v. Virga

Full title: HUNG DUONG NGUON, Petitioner, v. TIM V. VIRGA, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Apr 21, 2011

CIV S-11-0124 LKK DAD (TEMP) P (E.D. Cal. Apr. 21, 2011)

Opinion

HUNG DUONG NGUON, Petitioner, v. TIM V. VIRGA, Respondent. No. CIV S-11-0124 LKK DAD (TEMP) P United States District Court, E.D. California. April 21, 2011

          FINDINGS AND RECOMMENDATIONS

          DALE A. BROZD, Magistrate Judge.

         By order filed March 11, 2011, petitioner's habeas application was dismissed and thirty days' leave to file an amended application was granted. The thirty day period has now expired, and petitioner has not responded to the court's order.

         Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 fourteen 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).