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United States v. Parra-Rosales

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 11, 2008

UNITED STATES OF AMERICA, RESPONDENT,
v.
JOSE MANUEL PARRA-ROSALES, MOVANT.

FINDINGS AND RECOMMENDATIONS

Movant is a former federal prisoner*fn1 proceeding pro se with an application for writ of habeas corpus under 28 U.S.C. § 2255. Because movant has failed to provide the court with his address since he has been released, the court will recommend that this action be dismissed under Local Rules 11-110, 83-183(f) and Federal Rule of Civil Procedure 41(b).

Accordingly, IT IS HEREBY RECOMMENDED that:

1. Movant's application for writ of habeas corpus under 28 U.S.C. § 2255 be dismissed; and

2. The clerk of the court be directed to close the companion civil case No. CIVS-05-2330 GEB KJM P.

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 twenty days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten days after service of the objections. The parties are advised that failure to file objections within the specified time waives the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).


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