Malaga #297231 v. Howes

Filing 20

JUDGMENT APPROVING REPORT AND RECOMMENDATION 18 ; Petitioner's petition is dismissed; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

DENNIS BRIAN MALAGA, Petitioner, v. CAROLE HOWES, Respondent. / JUDGMENT APPROVING REPORT AND RECOMMENDATION The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on December 22, 2009. The Report and Recommendation, which recommended that the petition be denied, was duly served on Petitioner on December 22, 2009. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).1 THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed December 22, 2009, is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that Petitioner's habeas corpus petition is DISMISSED WITH PREJUDICE. This case is concluded. Case No. 1:07-CV-97 HON. GORDON J. QUIST

Dated: January 14, 2010

/s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

On December 31, 2009, the envelop containing the copy of the Report and Recommendation sent to Petitioner w a s returned to the Clerk's office indicating that Petitioner had been paroled and the forwarding time had expired. A p e t i ti o n e r has a continuing obligation to keep the court informed of his current address. See Prea v. Battaista, No. 91 C iv . 1171 (TPG), 1993 W L 97423 (S.D.N.Y. Mar. 30, 1993). Petitioner failed to comply with this obligation.

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