Singh v. Johnson et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/25/15 ordering this action is dismissed without prejudice. CASE CLOSED.(Plummer, 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 NARINDER SINGH, 12 13 14 No. 2:14-cv-1566-EFB P Petitioner, v. ORDER JEH CHARLES JOHNSON, et al., 15 Respondents. 16 17 Petitioner is federal detainee proceeding with a writ of habeas corpus pursuant to 28 18 U.S.C. § 2241. This proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1) and is before the undersigned pursuant to the parties’ consent. E.D. Cal. Local 20 Rules, Appx. A, at (k). 21 On January 14, 2015, respondents filed a motion to dismiss the petition as moot. 22 Petitioner has not filed an opposition or a statement of no opposition to respondent’s motion to 23 dismiss. On February 26, 2015, the court warned petitioner that failure to respond to the motion 24 could result in this action being dismissed.1 See Fed. R. Civ. P. 41(b). The court also granted 25 petitioner a 21-day extension of time to respond. The time for acting has passed and petitioner 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 has not filed an opposition, a statement of no opposition, or otherwise responded to the court’s 2 order. Petitioner has disobeyed this court’s orders and failed to prosecute this action. The 3 appropriate action is dismissal without prejudice. 4 Accordingly, it is hereby ORDERED that this action is dismissed without prejudice. See 5 Fed. R. Civ. P. 41(b); E.D. Cal. Local Rule 110, 183(b). 6 Dated: March 25, 2015. 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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