(HC) Maldonado-Salgado v. Federal Correctional Institution Herlong ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATAN MALDONADO-SALGADO, No. 2:23-cv-02252-DC-JDP (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 WARDEN, THIS ACTION 15 Respondent. (Doc. Nos. 9, 11) 16 17 Petitioner Jonatan Maldonado-Salgado is a federal prisoner proceeding pro se and in 18 forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The matter 19 was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local 20 Rule 302. 21 On October 31, 2024, the assigned magistrate judge issued findings and recommendations 22 recommending that this action be dismissed without prejudice due to Petitioner’s failure to 23 prosecute and failure to comply with court orders. (Doc. No. 11.) In particular, Petitioner failed to 24 comply with the court’s September 18, 2024 order to Petitioner to show cause why this action 25 should not be dismissed due to his failure to prosecute (Doc. No. 10). The pending findings and 26 recommendations were served upon the parties and contained notice that any objections thereto 27 were to be filed within fourteen (14) days after service. (Id. at 3.) 28 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 1 | de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 2 | pending findings and recommendations are supported by the record and proper analysis. 3 Accordingly, 4 1. The findings and recommendations issued on October 31, 2024 (Doc. No. 11) are 5 adopted in full; 6 2. The petition for writ of habeas corpus (Doc. No. 1) is dismissed, without 7 prejudice;! 8 3. Respondent’s motion to dismiss (Doc. No. 9) is denied as having been rendered 9 moot by this order; and 10 4. The Clerk of the Court is directed to close this case. 11 12 B IT IS SO ORDERED. □ 14 | Dated: _November 22, 2024 RUC Dena Coggins 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 76 | Because Petitioner is a federal prisoner bringing a § 2241 petition, a certificate of appealability 27 || is not required. See Harrison vy. Ollison, 519 F.3d 952, 958 (9th Cir. 2008) (“The plain language of [28 U.S.C.] § 2253(c)(1) does not require a petitioner to obtain a COA in order to appeal the 28 | denial of a § 2241 petition.”).