(HC) Fowlie v. Sisto, No. 2:2008cv02744 - Document 24 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 03/08/11 vacating 22 FINDINGS AND RECOMMENDATIONS. Within 14 days of the date of this order, petitioner shall show cause why this action should not be dismissed for his failure to file a notice of change of address. (Plummer, M)
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(HC) Fowlie v. Sisto Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN FOWLIE, 11 Petitioner, Respondent. 12 13 No. 2: 08-cv-2744 GEB KJN P ORDER TO SHOW CAUSE vs. D.K. SISTO, 14 15 / 16 Petitioner is proceeding without counsel with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254. Petitioner challenges the 2006 decision by the California Board of 18 Parole Hearings (hereafter “the Board”) finding him unsuitable for parole. On February 4, 2011, 19 the undersigned recommended that the petition be denied. 20 On February 28, 2011, respondent filed a notice stating that on February 11, 2011 21 petitioner was released on parole. Petitioner did not file a notice of change of address containing 22 his new address. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The February 4, 2011 findings and recommendations are vacated; 25 //// 26 //// 1 Dockets.Justia.com 1 2. Within fourteen days of the date of this order, petitioner shall show cause why 2 this action should not be dismissed for his failure to file a notice of change of address. 3 DATED: March 8, 2011 4 5 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 6 7 fow2744.osc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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