Lopez v. Salinas

Filing 20

ORDER signed by Chief Judge Morrison C. England, Jr on 6/22/15 ORDERING that the findings and recommendations filed April 24, 2015, are adopted in full; This action is dismissed without prejudice for failure to prosecute. See Local Rule 183(b); The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VICTOR LOPEZ,

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Petitioner,

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No. 2:10-cv-3168 MCE KJN P

v.

ORDER

S.M. SALINAS, Warden,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On April 24, 2015, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
Although it appears from the file that petitioner’s copy of the findings and

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recommendations was returned, petitioner was properly served. It is petitioner’s responsibility to

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keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service

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of documents at the record address of the party is fully effective.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed April 24, 2015, are adopted in full;

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2. This action is dismissed without prejudice for failure to prosecute. See Local Rule

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183(b).
3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §

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2253.

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Dated: June 22, 2015

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