Raymond R. Robison v. Valenzuela

Filing 22

FINDINGS and RECOMMENDATION that the Court Dismiss the Case for Failure to Prosecute 1 , signed by Magistrate Judge Sheila K. Oberto on 3/13/2018: 30-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND R. ROBISON,

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No. 1:15-cv-00520-LJO-SKO

Petitioner,
v.
E. VALENZUELA,

FINDINGS AND RECOMMENDATION
THAT THE COURT DISMISS THE CASE
FOR FAILURE TO PROSECUTE

Respondent.

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Petitioner, Raymond R. Robison, is a state prisoner proceeding with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On December 19, 2017, a copy of the Court’s

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“Findings and Recommendation that the Court Deny Petition for Writ of Habeas Corpus” mailed

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to Petitioner was returned to the Clerk marked "Undeliverable, Paroled/Discharged."

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Local Rule 183 provides:
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.
Although more than sixty-three (63) days have elapsed from the date of the return of the

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Findings and Recommendation, Petitioner has failed to advise the Court of his current address or
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contact the Court in any other way. The Court has the discretion to impose any and all sanctions

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authorized by statute or rule or within the inherent power of the Court, including dismissing the

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motion, based on a petitioner’s failure to comply with a court rule. Fed. R. Civ. P. 11; Local R.

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110.
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Conclusion and Recommendation

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Accordingly, the undersigned RECOMMENDS that as a result of Petitioner’s failure to

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prosecute the case, the Court dismiss with prejudice the motion for reconsideration in the above-

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captioned action.

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These Findings and Recommendations will be submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty

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(30) days after being served with these Findings and Recommendations, Petitioner may file
written objections with the Court. The document should be captioned AObjections to Magistrate

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Judge=s Findings and Recommendations.@ Petitioner is advised that failure to file objections

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within the specified time may constitute waiver of the right to appeal the District Court's order.

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d

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1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

March 13, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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