Manuel Delgado v. B. Birkholz

Filing 13

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fred W. Slaughter for Report and Recommendation (Issued), 11 IT IS ORDERED THAT: 1. The Petition is denied and this action is dismissed with prejudice. 2. Judgment be entered consistent with this order. 3. The clerk serve this Order and the Judgment on all counsel or parties of record. (es)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MANUEL DELGADO, 12 Petitioner, 13 14 v. B. BIRKHOLZ, 15 Respondent. ) Case No. 2:22-cv-03548-FWS-JPR ) ) ORDER ACCEPTING MAGISTRATE ) JUDGE’S REPORT AND RECOMMENDATION ) ) ) ) ) ) 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 18 Petition, the other records on file herein, and the Magistrate 19 Judge’s Report and Recommendation.1 20 findings and recommendations of the Magistrate Judge. 21 /// The Court accepts the 22 23 24 25 26 27 28 1 The most recent mail the Court sent Petitioner, the Report and Recommendation and notice of the deadline for filing objections to it, was returned to the Court as undeliverable. The Court’s review of the federal inmate locator website reveals that Petitioner has been transferred to FCI Victorville. See Fed. BOP Inmate Locator, https://www.bop.gov/inmateloc/ (search for “Manuel” with “Delgado”) (last visited Jan. 3, 2023). Petitioner has not filed a change of address, however, see C.D. Cal. R. 41-6 (requiring pro se parties to do so promptly), and there are multiple mailing addresses for inmates at Victorville depending on which particular facility they are housed in. Thus, the Court is unable to re-serve the Report and Recommendation on Petitioner. 1 ACCORDINGLY, IT IS ORDERED THAT: 2 1. 3 The Petition is denied and this action is dismissed with prejudice. 4 2. Judgment be entered consistent with this order. 5 3. The clerk serve this Order and the Judgment on all 6 counsel or parties of record. 7 8 9 DATED: +BOVBSZ  HON. FRED W. SLAUGHTER UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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