Klassy v. Ponce

Filing 20

ORDER signed by Magistrate Judge Craig M. Kellison on 10/13/2017 DISMISSING this action. The Clerk of the Court is DIRECTED to close this case. CASE CLOSED. (Hunt, G)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS M. KLASSY, 12 Petitioner, 13 vs. 14 No. 2:16-cv-0106-CMK-P FELICIA PONCE, 15 ORDER Respondent. 16 / 17 Petitioner, a federal prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. Pursuant to the written consent of all parties, this 19 case is before the undersigned as the presiding judge for all purposes, including entry of final 20 judgment. See 28 U.S.C. § 636(c). The court issued an order to show cause on May 15, 2017, 21 requiring petitioner to show cause why this action should not be summarily dismissed. 22 No response to the court’s order has been received. Petitioner was warned that 23 failure to respond to the order to show cause may result in the dismissal of this action for the 24 reasons outlined as well as for failure to prosecute and comply with court rules and orders.1 See 25 1 26 Although it appears from the file that the last order sent to petitioner was returned as undeliverable, petitioner was properly served. It is the responsibility of the parties to keep the 1 1 2 Local Rule 110. The undersigned finds it appropriate to dismiss this action for petitioner’s failure 3 to comply with court orders, and failure to allege he is in custody in violation of federal law. See 4 28 U.S.C. § 2241. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. This action is dismissed; and 7 2. The Clerk of the Court is directed to close this case. 8 9 10 11 DATED: October 13, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 court apprised of their address of record at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 2

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