(HC)Avila Gutierrez v. Warden F.C.I. Herlong
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN AVILA GUTIERREZ, No. 2:23-cv-00646 AC P Petitioner, v. ORDER AND FINDINGS &
RECOMMENDATIONS
WARDEN FCI HERLONG, Respondent. 16 By order filed May 24, 2023, the petition was screened and found to not state a claim for relief. ECF No. 6. Petitioner was given thirty days to file an amended petition and cautioned that failure to do so would result in a recommendation that this action be dismissed. Id. at 3. After petitioner failed to file an amended petition, he was given an additional twenty-one days to amend the petition and warned that failure to do so would result in a recommendation that this action be dismissed without further warning. ECF No. 7. Twenty-one days have now passed, and petitioner has not filed an amended petition or otherwise responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly assign a United States District Judge to this action. …