(HC)Mann v. Garza, No. 2:2020cv01799 - Document 5 (E.D. Cal. 2020)
Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 12/04/20 ORDERING the Clerk of Court randomly assign a District Court Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Assigned and referred to Judge Troy L. Nunley. Objections due within 21 days.(Plummer, M)
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(HC)Mann v. Garza Doc. 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NATHAN LOUIS MANN, SR., 12 No. 2:20-cv-1799 AC P Petitioner, 13 v. 14 GARZA, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Respondents. 16 17 Petitioner, a county jail inmate proceeding pro se, has filed an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 21, 2020, new case documents sent to petitioner were returned to the court 20 21 as undeliverable. Shortly thereafter, on September 30, 2020, an order directing petitioner to 22 submit a proper in forma pauperis application with the appropriate filing fee was also returned to 23 the court as undeliverable. It appears that petitioner has failed to comply with Local Rule 182(f), which requires that 24 25 a party appearing in propria persona inform the court of any address change. More than sixty- 26 three days have passed since the new case documents were returned by the postal service, and 27 petitioner has failed to notify the court of a current address. 28 //// 1 Dockets.Justia.com 1 2 3 4 5 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign a District Court Judge to this action. IT IS FURTHER RECOMMENDED that this action be DISMISSED for without prejudice for failure to prosecute. See Local Rule 183(b). These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days 7 after being served with these findings and recommendations, petitioner may file written 8 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 9 Findings and Recommendations.” Petitioner is advised that failure to file objections within the 10 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 11 F.2d 1153 (9th Cir. 1991). 12 DATED: December 4, 2020 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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