(HC) Craig v. Adams

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA NORMAN JOHN CRAIG, No. 2:21-cv-1308 KJM CKD P 12 Petitioner, 13 v. FINDINGS & RECOMMENDATIONS ADAMS et al., 15 Respondents.

17 A recent court order was served on petitioner’s address of record and returned by the postal service. It appears that petitioner has failed to comply with Local Rule 183(b), which requires that a party appearing in propria persona inform the court of any address change.

20 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice for failure to prosecute. See Local Rule 183(b).

22 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, petitioner may file written objections. Such a document should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.” In his objections petitioner may address whether a certificate of appealability should issue in the event he files an appeal of the judgment in this case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district court must issue or deny a | certificate of appealability when it enters a final order adverse to the applicant). Where, as here, a || habeas petition is dismissed on procedural grounds, a certificate of appealability “should issue if || the prisoner can show: (1) ‘that jurists of reason would find it debatable whether the district court || was correct in its procedural ruling;’ and (2) ‘that jurists of reason would find it debatable || whether the petition states a valid claim of the denial of a constitutional right.’” Morris v. || Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 || (2000)). Petitioner is advised that failure to file objections within the specified time may waive | the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).

9 | Dated: March 8, 2022 □□ / del a 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 14] 1 crail308.33a