(HC) Martin v. Pogue

Filing 11

ORDER ADOPTING 9 Findings and Recommendations and Dismissing this Action Without Prejudice for Failure to Obey a Court Order, Failure to Comply with Local Rules, and Failure to Prosecute, signed by District Judge Kirk E. Sherriff on 03/26/2024. CASE CLOSED.(Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JARED ANDREW MARTIN,

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Petitioner,
v.
TYSON J. POGUE,
Respondent.

Case No. 1:22-cv-1377-KES-CDB (HC)
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
THIS ACTION WITHOUT PREJUDICE FOR
FAILURE TO OBEY A COURT ORDER,
FAILURE TO COMPLY WITH LOCAL
RULES, AND FAILURE TO PROSECUTE
(Doc. 9)

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Petitioner Jared Andrew Martin is a state prisoner proceeding pro se and in forma pauperis
in this petition for writ of habeas corpus under 28 U.S.C. § 2254.
On February 16, 2024, the assigned magistrate judge issued findings and

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recommendations to dismiss the petition for failure to obey a court order, to comply with Local

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Rules, and to prosecute this action. (Doc. 9). Petitioner failed to update his address within 63

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days, as required by Local Rule 183(b). Id. He has continued to fail to update his address since

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the findings and recommendations were issued. The Court served the findings and

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recommendations on Petitioner and informed him that any objections were due within 14 days.

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Id. at 2-3. As of the date of this Order, more than 14 days have passed, and Petitioner has not

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filed any objections. The findings and recommendations advised Petitioner that failure to file

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objections within the specified time may result in the waiver of rights on appeal. Id. at 3 (citing

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)).

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According to 28 U.S.C. § 636(b)(1), this Court has conducted a de novo review of this

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case. Having carefully reviewed the entire file, the Court concludes the findings and

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recommendations are supported by the record and by proper analysis.

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Based upon the foregoing, the Court ORDERS:

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1. The findings and recommendations issued on February 16, 2024 (Doc. 9) are adopted
in full.

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2. This action is DISMISSED without prejudice for Petitioner’s failure to obey a court
order, to comply with the Local Rules, and to prosecute this action.

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3. The Clerk of Court is directed to CLOSE this case.

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IT IS SO ORDERED.
Dated:

March 26, 2024
UNITED STATES DISTRICT JUDGE

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