(HC) Armendariz-Rascon v. Warden, No. 2:2023cv00576 - Document 12 (E.D. Cal. 2023)
Court Description: ORDER signed by District Judge Daniel J. Calabretta on 12/1/2023 ADOPTING 11 The Findings and Recommendations in full; This action is DISMISSED without prejudice for failure to prosecute and failure to comply with court orders, for the reasons s et forth in the 10/4/2023 order; Respondent's Motion to Dismiss 9 is DENIED as moot; The Clerk of Court is directed to close the case; and The Court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a constitutional right, see 28 U.S.C. § 2253(c)(2). CASE CLOSED. (Mena-Sanchez, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MIGUEL ARMENDARIZ-RASCON, 12 Petitioner, 13 14 No. 2:23-cv-00576-DJC-JDP (HC) v. ORDER WARDEN, 15 Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a 17 18 writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On November 8, 2023, the Magistrate Judge filed findings and 22 recommendations herein which were served on Petitioner and which contained notice 23 to Petitioner that any objections to the findings and recommendations were to be filed 24 within fourteen days. Petitioner has not filed objections to the findings and 25 recommendations. 26 Although it appears from the file that Petitioner’s copy of the findings and 27 recommendations was returned, Petitioner was properly served. It is the Petitioner’s 28 responsibility to keep the court apprised of his current address at all times. Pursuant 1 1 to Local Rule 182(f), service of documents at the record address of the party is fully 2 effective. 3 4 The Court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge’s analysis. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed November 8, 2023, are adopted in 7 8 9 full; 2. This action is dismissed without prejudice for failure to prosecute and failure to comply with court orders, for the reasons set forth in the October 4, 2023 order; 10 3. Respondent’s motion to dismiss, ECF No. 9, is denied as moot; 11 4. The Clerk of Court is directed to close the case; and 12 5. The Court declines to issue the certificate of appealability referenced in 28 13 U.S.C. § 2253 as Petitioner has not made a substantial showing of the denial of a 14 constitutional right, see 28 U.S.C. § 2253(c)(2). 15 16 17 IT IS SO ORDERED. Dated: December 1, 2023 Hon. Daniel J. Calabretta UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2
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