From Casetext: Smarter Legal Research

Smith v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 25, 2020
No. 2:19-cv-2282-KJM-EFB P (E.D. Cal. Mar. 25, 2020)

Opinion

No. 2:19-cv-2282-KJM-EFB P

03-25-2020

TORIANO GERMAINE SMITH, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTION AND REHABILITATION, Respondent.


FINDINGS AND RECOMMENDATIONS

Petitioner, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

On January 31 2020, respondent filed a motion to dismiss. ECF No. 10. On February 26, 2020, the court informed petitioner of the requirements for filing an opposition to any motion to dismiss. That order gave petitioner 21 days to file an opposition or statement of non-opposition and warned petitioner that failure to do so would result in a recommendation that this action be dismissed.

The 21 days have passed and petitioner has not filed an opposition or a statement of no opposition nor otherwise responded to the February 26, 2020, order. ///// /////

Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P. 41(b); Rule 12, Rules Governing § 2254 Cases.

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, any party may file written objections with the court and serve a copy on all parties. 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. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). In his objections petitioner may address whether a certificate of appealability should issue in the event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section 2254 Cases (the district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant). Dated: March 25, 2020.

/s/_________

EDMUND F. BRENNAN

UNITED STATES MAGISTRATE JUDGE


Summaries of

Smith v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 25, 2020
No. 2:19-cv-2282-KJM-EFB P (E.D. Cal. Mar. 25, 2020)
Case details for

Smith v. Cal. Dep't of Corr. & Rehab.

Case Details

Full title:TORIANO GERMAINE SMITH, Petitioner, v. CALIFORNIA DEPARTMENT OF CORRECTION…

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

Date published: Mar 25, 2020

Citations

No. 2:19-cv-2282-KJM-EFB P (E.D. Cal. Mar. 25, 2020)