Jose Luis Mejia v. Holder et al

Filing 18

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/29/15 ORDERING that this action is dismissed without prejudice. CASE CLOSED. (Dillon, M)

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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 JOSE LUIS MEJIA, 12 13 14 No. 2:14-cv-1089-EFB P Petitioner, v. ORDER ERIC HOLDER, et al., 15 Respondents. 16 17 Petitioner proceeds without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. 18 § 2241. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 19 § 636(b)(1) and is before the undersigned pursuant to the parties’ consent. E.D. Cal. Local Rules, 20 Appx. A, at (k). 21 On April 23, 2015, respondents filed a motion to dismiss for lack of jurisdiction. 22 Petitioner has not filed an opposition or a statement of no opposition to respondent’s motion to 23 dismiss. On June 2, 2015, the court warned petitioner that failure to respond to the motion could 24 result in this action being dismissed.1 See Fed. R. Civ. P. 41(b). The time for acting has passed 25 and petitioner has not filed an opposition, a statement of no opposition, or otherwise responded to 26 27 28 1 Although it appears from the file that petitioner’s copy of this order was returned, petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 1 1 the court’s order. Petitioner has disobeyed this court’s orders and failed to prosecute this action. 2 The appropriate action is dismissal without prejudice. 3 Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. See 4 Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(b). 5 Dated: June 29, 2015. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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