Orozco v. United States of America, Attorney General Mr. Holden et al

Filing 26

ORDER: Adopting Findings and Recommendation 23 . Petitioner Orozcos petition is DISMISSED without prejudice. Signed on 5/22/2014 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RAMON OROZCO,
Petitioner,
v.

Civ. No. 6:13-cv-00604-CL
OPINION AND ORDER

UNITED STATES OF AMERICA, et al.,
Respondents.
_____________________________
MCSHANE, Judge:
Petitioner, pro se, brings this petition seeking habeas corpus relief under 28 U.S.C. §
2241. 1 Petitioner seeks to quash an allegedly unlawful court “hold/detainer” order because it
prejudiced the outcome of his criminal case. Pet. for Writ of Habeas Corpus 1–3, ECF No. 1.
Judge Mark D. Clarke issued a Findings and Recommendation (F & R) on January 28, 2014,
recommending that petitioner’s claims be dismissed for failure to prosecute. The matter is now
before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
Because no objections to the F & R were timely filed, this Court reviews only the legal
principles de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc);
see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). Upon review, this
Court finds no error in Judge Clarke’s F & R, ECF No. 23. Petitioner was granted four time

1

Petitioner filed a pleading captioned “Formal Complaint.” This Court, in agreement with Judge Clarke, construes
petitioner’s filing as a claim for habeas corpus relief under 28 U.S.C. § 2241.

1 – OPINION AND ORDER

extensions to file an amended petition in compliance with Local Rule 81-1(a). 2 To date,
petitioner has not filed an amended petition.
CONCLUSION
This Court ADOPTS Judge Clarke’s F & R, ECF No. 23, in full. Petitioner Orozco’s
petition is DISMISSED without prejudice.

IT IS SO ORDERED.

DATED this 22nd day of May, 2014.

____________________________
Michael J. McShane
United States District Judge

2

On April 12, 2013, petitioner was allowed 30 days to file an amended petition. On May 15, 2013, petitioner was
granted an extension until June 17, 2013. On June 24, 2013, petitioner was granted an extension until July 24, 2013.
On July 31, 2013, petitioner was granted an extension until October 1, 2013.

2 – OPINION AND ORDER