IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 1, 2011
ALBERT PERRYMAN, JR., PETITIONER,
WARDEN OF FOLSOM STATE PRISON, RESPONDENT.
ORDER AND FINDINGS AND RECOMMENDATIONS
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Petitioner has paid the filing fee.
On October 12, 2010, the undersigned ordered petitioner to show cause within thirty days why his claims should not be dismissed as not cognizable under § 2254, and warned petitioner that failure to comply with the order would result in a recommendation that the action be dismissed. The thirty days have passed, and petitioner has not responded to the order.*fn1
Accordingly, it is ORDERED that the Clerk of the court shall randomly assign a United States District Judge to the case.
Further, it is RECOMMENDED that this action be dismissed.
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)(l). Within fourteen days after being served with these findings and recommendations, petitioner 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).