Alvarez v. Federal Correctional Institute

Filing 11

FINDINGS and RECOMMENDATIONS that the Court Dismiss the Case for Failure to Prosecute signed by Magistrate Judge Sheila K. Oberto on 02/21/2018. Referred to Judge Ishii; Objections to F&R due by 3/27/2018.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ALVAREZ,

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Petitioner,
v.
FEDERAL CORRECTIONAL
INSTITUTE,
Respondent.

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FINDINGS AND RECOMMENDATION THAT
THE COURT DISMISS THE CASE FOR
FAILURE TO PROSECUTE
COURT CLERK TO ASSIGN DISTRICT
JUDGE
(Doc. 1)

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No. 1:17-cv-01377-SKO HC

Petitioner, Manuel Alvarez, is a federal prisoner proceeding with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. On December 13, 2017, the copy of an order mailed
to Petitioner was returned to the Clerk marked "undeliverable, RTS-Refused."

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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.

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Although more than sixty-three (63) days have elapsed from the date the order mailed to

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

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

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based on a petitioner’s failure to comply with a court rule. F.R.Civ.P. 11; Local R. 110.

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Conclusion and Recommendation
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Based on the foregoing, the undersigned RECOMMENDS that as a result of Petitioner’s

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failure to prosecute the case, the Court dismiss the petition for writ of habeas corpus in the above-

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captioned action without prejudice.

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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
(30) days after being served with these Findings and Recommendations, Petitioner may file

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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

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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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The Court Clerk is hereby directed to assign a district judge to this action.

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IT IS SO ORDERED.
Dated:

February 21, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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