(HC) Alvarado Henriquez v. Sessions, No. 2:2018cv03128 - Document 25 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/2019 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served these findings and recommendations. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 OSCAR RAFAEL ALVARADO HENRIQUEZ, aka OSCAR R. ALVARADO, 13 14 15 16 Petitioner, No. 2:18-cv-3128 KJM KJN P FINDINGS AND RECOMMENDATIONS v. JEFFERSON B. SESSIONS III, Respondent. 17 18 Petitioner is confined in the Yuba County Jail awaiting deportation. Petitioner is 19 proceeding pro se and in forma pauperis with an application for writ of habeas corpus pursuant to 20 28 U.S.C. § 2241. By order filed February 22, 2019, petitioner was ordered to show cause, within 21 fourteen days, why this action should not be dismissed. The fourteen-day period has now 22 expired, and petitioner has not shown cause or otherwise responded to the court’s order. 23 24 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 2 objections shall be filed and served within fourteen days after service of the objections. The 3 parties are advised that failure to file objections within the specified time may waive the right to 4 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: March 12, 2019 6 7 /henr3128.fsc.hab 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.