Johnson v. Copenhaver

Filing 29

FINDINGS and RECOMMENDATIONS that that the Court Dismiss the Case for Failure to Prosecute signed by Magistrate Judge Sheila K. Oberto on 9/19/2017. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 10/23/2017. (Sant Agata, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 MARCUS LAMAR JOHNSON, Petitioner, 11 12 13 14 Case No. 1:14-cv-01672-LJO-SKO HC FINDINGS AND RECOMMENDATION THAT THE COURT DISMISS THE CASE FOR FAILURE TO PROSECUTE v. PAUL COPENHAVER, Respondent. 15 16 Petitioner Marcus Lamar Johnson is a federal prisoner proceeding with a petition for writ of 17 habeas corpus pursuant to 28 U.S.C. § 2241. On July 10, 2017, the copy of an order mailed to 18 Petitioner was returned to the Clerk marked "undeliverable, unable to forward." 19 Local Rule 183 provides: 20 21 22 23 A party appearing in propria persona shall keep the Court and opposing parties advised as to his or her current address. If mail directed to a plaintiff in propria persona by the Clerk is returned by the U.S. Postal Service, and if such Plaintiff fails to notify the Court and opposing parties within sixty-three (63) days thereafter of a current address, the Court may dismiss the action without prejudice for failure to prosecute. 24 Although more than sixty-three (63) days have elapsed from the date of the return of the 25 26 27 28 order mailed to Petitioner, Petitioner has failed to advise the Court of his current address or contacted the Court in any other way. The Court has discretion to impose any and all sanctions 1 1 2 authorized by statute or rule or within the inherent power of the Court, including dismissing the motion, based on a petitioner’s failure to comply with a court rule. F.R.Civ.P. 11; Local R. 110. 3 Conclusion and Recommendation 4 Accordingly, the undersigned RECOMMENDS that as a result of Petitioner’s failure to 5 6 prosecute the case, the Court dismiss with prejudice the motion for reconsideration in the abovecaptioned action. 7 These Findings and Recommendations will be submitted to the United States District Judge 8 9 assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty (30) days 10 after being served with these Findings and Recommendations, Petitioner may file written objections 11 with the Court. The document should be captioned AObjections to Magistrate Judge=s Findings and 12 Recommendations.@ Petitioner is advised that failure to file objections within the specified time may 13 constitute waiver of the right to appeal the District Court's order. Wilkerson v. Wheeler, 772 F.3d 14 834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 16 17 IT IS SO ORDERED. 18 Dated: 19 September 19, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 Sheila K. Oberto 2 .

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