(HC) Villalobos v. Thompson et al

Filing 6

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/1/2022 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 20 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL VILLALOBOS,

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No. 2:22-cv-0168 KJM DB P

Petitioner,

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v.

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FINDINGS AND RECOMMENDATIONS

PAUL THOMPSON, Warden, et al.,

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Respondents.

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

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

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directed 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. 5.) 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. (Id.) Those thirty

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

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additional time to do so, or otherwise responded to the order. The undersigned notes that it

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appears petitioner has been transferred1 to a different prison facility. While petitioner has not

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The Federal Bureau of Prisons inmate locator website found at: https://www.bop.gov/inmateloc/
indicates that petitioner is no longer housed at Federal Correctional Institution, Herlong. 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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updated his address as required by Local Rule 183(b), service on petitioner at his address of

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record is fully effective pursuant to Local Rule 183(f). Accordingly, the undersigned will

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recommend that this action be dismissed for failure to comply with court orders and failure to

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

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For the reasons set forth above, 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/vill0168.fr dism

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