Valencia v. Gipson

Filing 23

ORDER Dismissing 21 Findings and Recommendations Recommending Dismissal of Petitioner's Case without Prejudice, signed by District Judge Lawrence J. O'Neill on 11/26/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS ALBERTO VALENCIA,

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Case No. 1:13-cv-01864-LJO-SMS HC

Petitioner,
v.
CONNIE GIPSON, Warden,

ORDER DISMISSING FINDINGS AND
RECOMMENDATIONS RECOMMENDING
DISMISSAL OF PETITIONER'S
CASE WITHOUT PREJUDICE

Respondent.

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(Doc. 21)

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On August 20, 2014, the Magistrate Judge issued findings and
recommendations recommending that the Court dismiss count two but allow the petition to proceed
on remaining counts. The Clerk of Court mailed Petitioner a copy of the findings and

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recommendations. On September 4, 2014, the copy mailed to Petitioner was returned to the Clerk
mark "undeliverable, name and ID do not match."
Local Rule 183 required Petitioner to advise the Court of a change of address within 63

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days. When Petitioner did not do so, the Magistrate Judge recommended that the case be dismissed

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without prejudice for failure to prosecute. In this instance, the copy of the findings and

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recommendations that the Clerk mailed to Petitioner's last known address was successfully

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delivered. On November 24, 2014, Petitioner advised the Court that his address had not changed

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and that he could not explain why the copy of Document 19 was not delivered to him.

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Petitioner's having advised the Court that his address has remained unchanged, the Court
hereby ORDERS that the Findings and Recommendations Recommending That the Court Dismiss
the Case for Failure to Prosecute be dismissed.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

November 26, 2014

UNITED STATES DISTRICT JUDGE
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