Hoffman v. Bosenko

Filing 7

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/2/2017 DISMISSING this action. The court DECLINES to issue a certificate of appealability. CASE CLOSED. (Henshaw, R) Modified on 5/3/2017 (Donati, J).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY FREDERICK HOFFMAN,

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Petitioner,

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No. 2:16-cv-1013-EFB P

v.

ORDER

TOM BOSENKO,

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Respondent.

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Petitioner was a pretrial detainee at that time he commenced this proceeding without

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counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. This proceeding was

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referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the

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undersigned pursuant to petitioner’s consent. See 28 U.S.C. § 636; see also E.D. Cal. Local

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Rules, Appx. A, at (k)(4).

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On March 22, 2017, the court reviewed the petition pursuant to Rule 4 of the Rules

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Governing Section 2254 Cases. The court found petitioner failed to assert that he is in custody in

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violation of federal law, or challenge the length or execution of his sentence. ECF No. 6.

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Accordingly, the court granted petitioner thirty days to file an amended petition and warned him

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that failure to comply would result in this action being dismissed. The time for acting has passed

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and petitioner has not filed an amended petition, or otherwise responded to the court’s order.

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A party’s failure to comply with any order or with the Local Rules “may be grounds for

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imposition by the Court of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” E.D. Cal. Local Rule 110. The court may dismiss an action with or

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without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended

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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that this action is DISMISSED and the court

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declines to issue a certificate of appealability.

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Dated: May 2, 2017.

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