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Rea v. United States, 2:13-cr-00397-JAM-CKD-1. (2019)

Court: District Court, E.D. California Number: infdco20190927a44 Visitors: 9
Filed: Sep. 26, 2019
Latest Update: Sep. 26, 2019
Summary: FINDINGS AND RECOMMENDATIONS CAROLYN K. DELANEY , Magistrate Judge . By amended order filed June 26, 2019, movant was granted thirty days leave to file a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255. On July 24, 2019, movant was granted an additional thirty-day extension of time. That extended thirty-day period has now expired, and movant has not responded to the court's order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without p
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FINDINGS AND RECOMMENDATIONS

By amended order filed June 26, 2019, movant was granted thirty days leave to file a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. On July 24, 2019, movant was granted an additional thirty-day extension of time. That extended thirty-day period has now expired, and movant 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).

Source:  Leagle

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