(HC) Tavera-Ugarte v. Thompson, No. 2:2022cv00067 - Document 6 (E.D. Cal. 2022)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 08/01/22 ORDERING the Clerk of the Court randomly assign a District Judge to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Assigned and referred to Judge William B. Shubb. Objections due within 20 days.(Plummer, M)
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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 JOSE TAVERA-UGARTE, 12 No. 2:22-cv-0067 DB P Petitioner, 13 v. 14 ORDER AND FINDINGS AND RECOMMENDATIONS PAUL THOMPSON, 15 Respondent. 16 Petitioner, a formal federal prisoner proceeding pro se, has filed an application for a writ 17 18 of habeas corpus pursuant to 28 U.S.C. § 2241. By order dated May 19, 2022, petitioner was 19 ordered to file an affidavit in support of his request to proceed in forma pauperis or pay the filing 20 fee within thirty days. (ECF No. 4.) Petitioner was advised that failure to comply with the 21 court’s order would result in a recommendation that this action be dismissed. Those thirty days 22 have passed, and petitioner has not submitted an affidavit, paid the filing fee, requested additional 23 time to do so, updated his address, or otherwise responded to the court’s order. The court notes 24 that petitioner appears to have been released1 from custody. While petitioner has not updated his 25 address as required by Local Rule 183(b), service on petitioner at his address of record is fully 26 1 27 28 The Federal Bureau of Prisons inmate locator website found at: https://www.bop.gov/inmateloc/ indicates that petitioner has been released from custody. This court may take judicial notice of such information. See Louis v. McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) (court may take judicial notice of state agency records). 1 1 effective pursuant to Local Rule 182(f). Accordingly, the undersigned will recommend that this 2 action be dismissed for failure to comply with court orders and failure to prosecute. See Local 3 Rule 110; Fed. R. Civ. P. 41(b). 4 5 For the reasons set forth above, the Clerk of the Court is ORDERED to randomly assign this action to a District Judge. 6 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days 9 after being served with these findings and recommendations, petitioner may file written 10 objections with the court and serve a copy on all parties. Such a document should be captioned 11 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 12 failure to file objections within the specified time may waive the right to appeal the District 13 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 14 Dated: August 1, 2022 15 16 17 18 19 20 21 22 23 DB:12 24 DB/DB Prisoner Inbox/Habeas/R/tave0067.fr dism 25 26 27 28 2