(HC)Creamer v. The People of the State of California

Filing 10

ORDER ADOPTING 8 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 3/26/2024. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRUCE CREAMER,

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Petitioner,
v.
PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.

Case No. 1:22-cv-01475-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. 8)

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Petitioner Bruce Creamer 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 22, 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 the local

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rules, and to prosecute this action. (Doc. 8). Petitioner failed to update his address within 63

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days, as required by Local Rule 183(b), and has continued to fail to do so since the findings and

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recommendations were issued.

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Petitioner and informed him that any objections were due within 14 days. Id. at 2-3. On

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March 4, 2024, the findings and recommendations were returned as undeliverable, as Petitioner

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was no longer in custody. As of the date of this Order, more than 14 days have passed, and

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Petitioner has not filed any objections. The findings and recommendations advised Petitioner that

The Court served the findings and recommendations on

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failure to file objections within the specified time may result in the waiver of rights on appeal. Id.

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(citing 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 22, 2024 (Doc. 8) are adopted

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in full.
2. This action is DISMISSED without prejudice for Petitioner’s failure to obey a court

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order, to comply with the Local Rules, and to prosecute this action.
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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