1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE H. ARCE-CASTRO, No. 2:23-cv-00764-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 WARDEN, HABEAS PETITION DUE TO PETITIONER’S FAILURE TO PROSECUTE 15 Respondent. AND FAILURE TO COMPLY WITH COURT ORDERS 16 (Doc. No. 7) 17 18 Petitioner Donavon Nordstrom is a federal prisoner proceeding pro se with a petition for 19 writ of habeas corpus pursuant to

. The matter was referred to a United States 20 Magistrate Judge pursuant to

(b)(1)(B) and Local Rule 302. 21 On June 15, 2023, the assigned magistrate judge issued findings and recommendations 22 recommending that this action be dismissed, without prejudice, due to petitioner’s failure to 23 comply with court orders and failure to prosecute this action. (Doc. No. 7.) The findings and 24 recommendations were served upon petitioner and contained notice that any objections thereto 25 were to be filed within fourteen (14) days after service. (Id. at 2.) To date, petitioner has not 26 filed any objections and the time in which to do so has passed. 27 ///// 28 ///// 1 In accordance with the provisions of

(b)(1)(C), the court has conducted a 2 | de novo review of the case. Having carefully reviewed the entire file, the court concludes that the 3 | pending findings and recommendations are supported by the record and proper analysis. 4 Accordingly, 5 1. The findings and recommendations issued on June 15, 2023 (Doc. No. 7) are 6 adopted in full; 7 2. The petition for writ of habeas corpus (Doc. No. 1) is dismissed, without 8 prejudice;' and 9 3. The Clerk of the Court is directed to close this case. 10 IT IS SO ORDERED. "| Dated: _ August 9, 2023 Dal A. 2, el 12 UNITED STATES DISTRICT JUDGE 13 14 15 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 v. Ollison,

(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.”).