(HC) Ahadpour v. Whitaker et al, No. 1:2019cv00215 - Document 9 (E.D. Cal. 2020)
Court Description: ORDER ADOPTING 8 Findings and Recommendations and Dismissing 1 Habeas Petition for Failure to Prosecute signed by District Judge Dale A. Drozd on 4/21/2020. CASE CLOSED. (Rivera, O)
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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 ALIDAD ALIBABA AHADPOUR, 12 13 14 15 16 No. 1:19-cv-00215-DAD-JDP (HC) Petitioner, v. MATTHEW G. WHITAKER, et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING HABEAS PETITION FOR FAILURE TO PROSECUTE Respondents. (Doc. No. 8) 17 18 Petitioner Alidad Alibaba Ahadpour is a former federal detainee proceeding pro se with a 19 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a 20 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On November 21, 2019, the assigned magistrate judge ordered petitioner to show cause 22 why his petition should not be dismissed due to lack of jurisdiction. (Doc. No. 6.) However, the 23 order was returned to the court unserved as undeliverable with a notation explaining that 24 petitioner is no longer in federal immigration custody. Petitioner had until February 13, 2019 to 25 update the court with a new address of record but failed to do so. Accordingly, on February 26, 26 2020, the assigned magistrate judge issued findings and recommendations, recommending that 27 the petition for federal habeas relief be denied due to petitioner’s failure to prosecute and failure 28 to comply with the court’s orders. (Doc. No. 8.) The findings and recommendations were served 1 1 on petitioner and contained notice that any objections thereto were to be filed within fourteen (14) 2 days of service. (Id. at 3.) No objections have been filed, and the time in which to do so has now 3 passed. 4 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the court has conducted a 5 de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 6 findings and recommendations are supported by the record and proper analysis. 7 Accordingly: 8 1. 9 10 adopted in full; 2. 11 12 13 14 The findings and recommendations issued on February 26, 2020 (Doc. No. 8) are The petition for a writ of habeas corpus (Doc. No. 1) is denied without prejudice; and 3. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. Dated: April 21, 2020 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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