(HC) Herrera v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAIKEL HERRERA, No. 1:22-cv-01159-ADA-CDB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT THE 13 v. PETITION FOR WRIT OF HABEAS CORPUS BE DISMISSED WITHOUT PREJUDICE 14 WARDEN, (ECF Nos. 12, 14) 15 Respondent. 16 17 On June 30, 2023, the assigned Magistrate Judge issued findings and recommendations to 18 grant Respondent’s motion to dismiss and to dismiss the petition of Petitioner Maikel Herrera 19 without prejudice for failure to exhaust administrative remedies. (ECF No. 14.) The Court served 20 the findings and recommendations on Petitioner and gave him fourteen days to file objections 21 thereto. As of the date of this Order, more than 14 days have passed, and no objections have been 22 filed. (Id. at 3-4.) The findings and recommendations advised Plaintiff that “failure to file 23 objections within the specified time may result in the waiver of rights on appeal.” (Id. (citing 24 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014))).1 25 26 1 After Petitioner failed to timely oppose or file a non-opposition to Respondent’s motion to dismiss (see E.D. Cal. Local Rule 230(c)), on April 21, 2023, the Court served on Petitioner an order to show cause why the petition should 27 not be dismissed for failure to exhaust remedies and for mootness considering Petitioner’s apparent release from custody. (ECF No. 13.) Five days later, the Order mailed to Petitioner was returned as “undeliverable.” More than 1 According to 28 U.S.C. § 636(b)(1)(C©), this Court has conducted a de novo review of this 2 | case. Having carefully reviewed the entire file, the Court concludes the findings and 3 || recommendations are supported by the record and by proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on June 30, 2023, (ECF No. 14), are 6 ADOPTED in full; 7 2. Petitioner’s petition for writ of habeas corpus, (ECF No. 1), is DISMISSED without 8 prejudice; and 9 3. The Clerk of Court is directed to close this case. 10 11 12 | ITIS SO ORDERED. 13 Dated: _ September 18, 2023 14 UNITED fTATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28