Sermeno v. Spearman

Filing 116

ORDER signed by District Judge John A. Mendez on 5/11/2020 115 Findings and Recommendations. This action is DISMISSED without prejudice for failure to prosecute and for failure to keep the court apprised of a current address. See FRCP 41(b); see also L.R. 110, 183(b), and The court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ALTAMIRANO SERMENO,

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No. 2:14-cv-2729 JAM DB P

Petitioner,
v.

ORDER

M.E. SPEARMAN,

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Respondent.

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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.

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On November 6, 2019, the magistrate judge issued findings and recommendations herein

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which were served on petitioner and which contained notice to petitioner that any objections to

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the findings and recommendations were to be filed within fourteen days. (ECF No. 115).

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Petitioner has not filed objections to the findings and recommendations.

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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 issued November 6, 2019 (ECF No. 115) are
ADOPTED in full,
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2. This action is DISMISSED without prejudice for failure to prosecute and for failure to

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keep the court apprised of a current address. See Fed. R. Civ. P. 41(b); see also L.R. 110, 183(b),

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and

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3. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §
2253.

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DATED: May 11, 2020
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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