(HC) Maldonado-Salgado v. Federal Correctional Institution Herlong

Filing 12

ORDER signed by District Judge Dena M. Coggins on 11/22/24 ADOPTING 11 Findings and Recommendations in full, DISMISSING 1 Petition for writ of habeas corpus without prejudice, and DENYING as MOOT 9 Motion to Dismiss. CASE CLOSED. (Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATAN MALDONADO-SALGADO,

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No. 2:23-cv-02252-DC-JDP (HC)

Petitioner,
v.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
THIS ACTION

WARDEN,

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Respondent.

(Doc. Nos. 9, 11)

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Petitioner Jonatan Maldonado-Salgado is a federal prisoner proceeding pro se and in

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forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter

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was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local

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Rule 302.

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On October 31, 2024, the assigned magistrate judge issued findings and recommendations

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recommending that this action be dismissed without prejudice due to Petitioner’s failure to

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prosecute and failure to comply with court orders. (Doc. No. 11.) In particular, Petitioner failed to

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comply with the court’s September 18, 2024 order to Petitioner to show cause why this action

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should not be dismissed due to his failure to prosecute (Doc. No. 10). The pending findings and

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recommendations were served upon the parties and contained notice that any objections thereto

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were to be filed within fourteen (14) days after service. (Id. at 3.)

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a
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de novo review of the case. Having carefully reviewed the entire file, the court concludes that the

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pending findings and recommendations are supported by the record and proper analysis.

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Accordingly,

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1.

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The findings and recommendations issued on October 31, 2024 (Doc. No. 11) are
adopted in full;

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2.

The petition for writ of habeas corpus (Doc. No. 1) is dismissed, without
prejudice;1

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3.

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Respondent’s motion to dismiss (Doc. No. 9) is denied as having been rendered
moot by this order; and

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4.

The Clerk of the Court is directed to close this case.

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IT IS SO ORDERED.

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Dated:

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November 22, 2024

___________________________
Dena Coggins
United States District Judge

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Because Petitioner is a federal prisoner bringing a § 2241 petition, a certificate of appealability
is not required. See Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (“The plain language
of [28 U.S.C.] § 2253(c)(1) does not require a petitioner to obtain a COA in order to appeal the
denial of a § 2241 petition.”).
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