Riley v. Matevousian

Filing 9

FINDINGS and RECOMMENDATION that the court dismiss the case for failure to prosecute 1 ; ORDER for court clerk to assign a district judge; Case assigned to Chief Judge Lawrence J. O'Neill signed by Magistrate Judge Sheila K. Oberto on 6/7/2018. Referred to Judge Lawrence J. O'Neill; Objections to F & R's due by 7/12/2018. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE RILEY, III,

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No. 1:18-cv-00323 SKO HC

Petitioner,
v.

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

ANDRE MATEVOUSIAN, Warden,
Respondent.

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COURT CLERK TO ASSIGN DISTRICT
JUDGE
(Doc. 1)

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Petitioner, George Riley, III, is a federal prisoner proceeding with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241. On March 7, 2018, case documents and a consent
form mailed to Petitioner were returned to the Clerk marked "Undeliverable, Not Here."

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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 sixtythree (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 of the return of the

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documents mailed to Petitioner, 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 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.
110.
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 without prejudice the petition in the above-captioned action.

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These Findings and Recommendations will be submitted to the United States District

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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

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

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IT IS SO ORDERED.
Dated:

June 7, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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