Wood v. Lackner
Filing
17
FINDINGS and RECOMMENDATIONS that the Court Dismiss the 1 Case for Failure to Prosecute signed by Magistrate Judge Sheila K. Oberto on 06/05/2018. Referred to Judge Drozd; Objections to F&R due by 7/9/2018. (Flores, E)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
ROBERT WOOD,
No. 1:15-cv-00945-DAD-SKO HC
12
Petitioner,
13
v.
14
HEIDI LACKNER, CDCR SCC Warden,
FINDINGS AND RECOMMENDATION THAT
THE COURT DISMISS THE CASE FOR
FAILURE TO PROSECUTE
15
Respondent.
(Doc. 1)
16
17
Petitioner, Robert Wood, is a federal prisoner proceeding with a petition for writ of habeas
18
corpus pursuant to 28 U.S.C. § 2254. On March 7, 2018, the copy of the Court’s Findings and
19
Recommendations mailed to Petitioner was returned to the Clerk marked "Undeliverable, Inmate
20
Discharged."
21
22
23
24
25
26
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 sixtythree (63) days thereafter of a current address, the Court may dismiss the
action without prejudice for failure to prosecute.
27
Although more than sixty-three (63) days have elapsed from the date of the return of the
28
order mailed to Petitioner, Petitioner has failed to advise the Court of his current address or to
1
1
contact the Court in any other way. The Court has discretion to impose any and all sanctions
2
authorized by statute or rule or within the inherent power of the Court, including dismissing the
3
motion, based on a petitioner’s failure to comply with a court rule. F.R.Civ.P. 11; Local R. 110.
4
Conclusion and Recommendation
5
Accordingly, the undersigned RECOMMENDS that as a result of Petitioner’s failure to
6
7
prosecute the case, the Court dismiss with prejudice the motion for reconsideration in the above-
8
captioned action.
9
These Findings and Recommendations will be submitted to the United States District
10
Judge assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty
11
(30) days after being served with these Findings and Recommendations, Petitioner may file
12
13
14
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
15
within the specified time may constitute waiver of the right to appeal the District Court's order.
16
Wilkerson v. Wheeler, 772 F.3d 834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d
17
1391, 1394 (9th Cir. 1991)).
18
19
IT IS SO ORDERED.
20
21
Dated:
June 5, 2018
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
22
23
24
25
26
27
28
2
.
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?