(HC) Tavera-Ugarte v. Thompson

Filing 6

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/01/22 ORDERING the Clerk of the Court randomly assign a District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 20 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE TAVERA-UGARTE,

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No. 2:22-cv-0067 DB P

Petitioner,

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v.

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ORDER AND FINDINGS AND
RECOMMENDATIONS

PAUL THOMPSON,

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Respondent.

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Petitioner, a formal federal prisoner proceeding pro se, has filed an application for a writ

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of habeas corpus pursuant to 28 U.S.C. § 2241. By order dated May 19, 2022, petitioner was

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ordered to file an affidavit in support of his request to proceed in forma pauperis or pay the filing

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fee within thirty days. (ECF No. 4.) Petitioner was advised that failure to comply with the

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court’s order would result in a recommendation that this action be dismissed. Those thirty days

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have passed, and petitioner has not submitted an affidavit, paid the filing fee, requested additional

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time to do so, updated his address, or otherwise responded to the court’s order. The court notes

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that petitioner appears to have been released1 from custody. While petitioner has not updated his

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address as required by Local Rule 183(b), service on petitioner at his address of record is fully

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The Federal Bureau of Prisons inmate locator website found at: https://www.bop.gov/inmateloc/
indicates that petitioner has been released from custody. This court may take judicial notice of
such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153,
1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records).
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effective pursuant to Local Rule 182(f). Accordingly, the undersigned will recommend that this

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action be dismissed for failure to comply with court orders and failure to prosecute. See Local

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Rule 110; Fed. R. Civ. P. 41(b).

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For the reasons set forth above, the Clerk of the Court is ORDERED to randomly assign
this action to a District Judge.

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IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days

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after being served with these findings and recommendations, petitioner may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: August 1, 2022

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DB:12

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DB/DB Prisoner Inbox/Habeas/R/tave0067.fr dism

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