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17-1050 - Johnson v. Sloan


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17-1050 - Johnson v. Sloan
October 10, 2017
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Report and Recommendation that the Respondent's 10 Motion to dismiss for lack of prosecution be granted due to Petitioner's willful abandonment of his claim and for failing to comply with this court's orders. It is recommended that said dismissal be without prejudice. Objections to Report & Recommendation due by 10/24/2017. Magistrate Judge David A. Ruiz on 10/10/2017. (G,CA)
February 20, 2018
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Memorandum Opinion: I adopt the Report and Recommendation (Doc. No. 14) in its entirety as the Order of the Court. The Respondent's motion to dismiss for lack of prosecution (Doc. No. 10) is granted. Johnson's Petition for Writ of Habeas Corpus under 28 U.S.C. ยง 2254, is dismissed without prejudice. As the failure to file objections to a magistrate judges report also waives appellate review, Smith, 829 F.2d at 1373, I also decline to issue a certificate of appealability. re 14. Judge Jeffrey J. Helmick on 2/20/2018. (S,AL)