(HC) Bingham v. Brewer ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILLIP ANTHONY BINGHAM, No. 2:22-cv-02235-EFB (HC) 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 DAVID BREWER, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of 18 habeas corpus brought under 28 U.S.C. § 2241. On March 7, 2022, the postal service returned 19 mail sent to petitioner from the court with a notation that petitioner was “no longer” at FCI- 20 Herlong. 21 A party appearing without counsel must keep the court and all parties apprised of his 22 current address. L.R. 183(b). If mail directed to a petitioner is returned by the postal service and 23 petitioner fails to notify the court and opposing parties within 63 days thereafter of his current 24 address, the court may dismiss the action without prejudice for failure to prosecute. Id. More 25 than 63 days have passed since the postal service returned the mail and petitioner has not notified 26 the court of his current address. 27 ///// 28 ///// ] Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 2 || District Judge to this action. 3 Further, it is RECOMMENDED that this action be dismissed and all pending motions be 4 | denied as moot. See Fed. R. Civ. P. 41(b); L.R. 110, 183(b). 5 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)(1). Within fourteen days 7 || after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 13 || Dated: May 31, 2023. □□ PDEA 14 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28