(HC) Sergio Torres v. Acting Warden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SERGIO TORRES, Case No. 1:20-cv-01001-JLT-CDB (HC)

12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

13 v. THE FIRST AMENDED PETITION FOR

WRIT OF HABEAS CORPUS WITH

14 ACTING WARDEN, PREJUDICE

15 Respondent. (Doc. 36)

16

17

18 On October 12, 2022, the assigned magistrate judge issued findings and recommendations 19 to dismiss the first amended petition as untimely. The Court served the findings and 20 recommendations on Petitioner and gave him 30 days to file objections thereto. Petitioner’s 21 deadline for filing objections if any was November 11, 2022. The findings and recommendations 22 advised Petitioner that “failure to follow this order may result in a recommendation for dismissal 23 of the petition pursuant to Federal Rule of Procedure 41(b).” 24 On November 18, 2022 (i.e., one week after objections were due to be filed), Petitioner 25 filed his “Objections to Findings and Recommendations.” …