Aurelio Martinez Rodriguez v. Brian Birkholtz

Filing 15

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Fernando M. Olguin for Report and Recommendation (Issued), 12 . The Court accepts the Magistrate Judge's Report and adopts it as its own findings and conclusions. Accordingly, the Petition is dismissed with prejudice. [See Order for further details.] (san)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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AURELIO MARTINEZ
RODRIGUEZ,
Petitioner,

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v.

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Case No. 2:24-cv-01579-FMO-PD
ORDER ACCEPTING REPORT
AND RECOMMENDATION OF
UNITED STATES
MAGISTRATE JUDGE

BRIAN BIRKHOLZ, Warden FCC
Lompoc,
Respondent.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the

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records on file, and the Report and Recommendation of United States

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Magistrate Judge. No objections to the Report and Recommendation have

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been filed. 1

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On January 28, 2025, the Report and Recommendation was mailed to the
address listed on the Petition, which was FCC Lompoc II, in Lompoc, California.
[Dkt. No. 12.] On February 13, 2025, the Report and Recommendation was returned
from FCC Lompoc II with a notation “RETURN TO SENDER—UNABLE TO
FORWARD.” [Dkt. No. 13.] According to the Federal Bureau of Prisons Inmate
Locater, Petitioner is no longer in BOP custody as of January 31, 2025. See Fed. R.
Evid. 201; Federal Bureau of Prisons Inmate Locator,
https://www.bop.gov/inmateloc/ (last visited on February 27, 2025). Local Rule 41-6
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The Court accepts the Magistrate Judge’s Report and adopts it as its

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own findings and conclusions. Accordingly, the Petition is dismissed with

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prejudice.

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DATED: March 5, 2025

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_______________/s/_____________________
HON. FERNANDO M. OLGUIN
UNITED STATES DISTRICT JUDGE

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requires a party representing himself to “keep the Court ... apprised of such party’s
current address and telephone number, if any, and e-mail address, if any.” It allows
for dismissal of lawsuits for failure to comply with the rule: “If mail directed by the
Clerk to a pro se plaintiff's address of record is returned undelivered by the Postal
Service, and if, within fourteen (14) days of the service date, such plaintiff fails to
notify, in writing, the Court and opposing parties of said plaintiff's current address,
the Court may dismiss the action with or without prejudice for want of prosecution.”
Local Rule 41-6. Accordingly, Petitioner’s failure to provide the Court with his
current address also warrants dismissal of the Petition.

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