(HC) Pacheco v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN AGUILAR PACHECO, No. 2:23-cv-0765 DB P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 WARDEN, 15 Respondent. 16 17 Petitioner is a former1 federal prisoner proceeding pro se with an application for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2241. By order dated September 13, 2023, petitioner was 19 directed to either pay the filing fee or submit an application to proceed in forma pauperis within 20 thirty days. (ECF No. 4.) Those thirty days have passed, and petitioner has not paid the filing 21 fee, filed an application to proceed in forma pauperis, requested additional time to do so, updated 22 his address, or otherwise responded to the court’s order. Accordingly, the court will recommend 23 //// 24 1 Records indicate that petitioner is no longer an inmate in the custody of the Federal Bureau of 25 Prisons. See https://www.bop.gov/inmateloc/ (inmate locator website operated by the Federal Bureau of Prisons). This court may take judicial notice of such information. See Louis v. 26 McCormick & Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn.4 (C.D. Cal. 2006) 27 (court may take judicial notice of state agency records); Pacheco v. Diaz, No. 1:19-cv-0774 SAB (PC), 2019 WL 5073594, at *2 (E.D. Cal. Sept. 4, 2019) (court may take judicial notice of the 28 California Department of Corrections and Rehabilitation's inmate locator system). 1 | that this action be dismissed for failure to prosecute and failure to comply with court orders. See 2 | Fed. R. Civ. P. 41(b); Local Rule 110. 3 For the foregoing reasons, the Clerk of the Court is ORDERED to randomly assign this 4 | action to a United States District Judge. 5 IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one (21) 8 | days after being served with these findings and recommendations, plaintiff may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 11 | failure to file objections within the specified time may waive the right to appeal the District 12 | Court’s order. Martinez v. Y1st, 951 F.2d 1153 (9th Cir. 1991). 13 | Dated: October 23, 2023 14 15 16 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 17 18 19 DB:12 20 | DB/DB Prisoner Inbox/Habeas/R/pach0765 .f&r.nolFP 21 22 23 24 25 26 27 28