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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VICTOR LOPEZ, 12 Petitioner, 13 14 No. 2:10-cv-3168 MCE KJN P v. ORDER S.M. SALINAS, Warden, 15 Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 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 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. Although it appears from the file that petitioner’s copy of the findings and 24 25 recommendations was returned, petitioner was properly served. It is petitioner’s responsibility to 26 keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service 27 of documents at the record address of the party is fully effective. 28 //// 1 1 The court has reviewed the file and finds the findings and recommendations to be 2 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 3 ORDERED that: 4 1. The findings and recommendations filed April 24, 2015, are adopted in full; 5 2. This action is dismissed without prejudice for failure to prosecute. See Local Rule 6 183(b). 3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 7 8 2253. 9 Dated: June 22, 2015 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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