Raymond R. Robison v. Valenzuela
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RAYMOND R. ROBISON,
FINDINGS AND RECOMMENDATION
THAT THE COURT DISMISS THE CASE
FOR FAILURE TO PROSECUTE
Petitioner, Raymond R. Robison, is a state prisoner proceeding with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. On December 19, 2017, a copy of the Court’s
“Findings and Recommendation that the Court Deny Petition for Writ of Habeas Corpus” mailed
to Petitioner was returned to the Clerk marked "Undeliverable, Paroled/Discharged."
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
Findings and Recommendation, Petitioner has failed to advise the Court of his current address or
contact the Court in any other way. The Court has the discretion to impose any and all sanctions
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. Fed. R. Civ. P. 11; Local R.
Conclusion and Recommendation
Accordingly, the undersigned RECOMMENDS that as a result of Petitioner’s failure to
prosecute the case, the Court dismiss with prejudice the motion for reconsideration in the above-
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
(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
Judge=s Findings and Recommendations.@ Petitioner is advised that failure to file objections
within the specified time may constitute waiver of the right to appeal the District Court's order.
Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d
1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
March 13, 2018
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?