Opinion
CIV-08-0326 MCA/LAM.
October 28, 2008
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION (Doc. 15)
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition (hereinafter, "PF RD") (Doc. 15), filed on August 26, 2008. No party has filed objections to the PF RD and the deadline for filing objections has passed. The Court has determined that it will adopt the PF RD, and dismiss Applicant Andy Ira Bourdon's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody (Doc. 1) and this case without prejudice. IT IS THEREFORE ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. 15) are hereby ADOPTED and Mr. Bourdon's Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody (Doc. 1) and this case are hereby DISMISSED without prejudice. IT IS SO ORDERED.
The record of this case shows that a copy of the PF RD was mailed to Applicant Andy Ira Bourdon on August 26, 2008, using an incorrect zip code of "87505" and the document was returned to the Court by the U.S. Postal Service on September 15, 2008, with its mailing envelope (Doc. 16) marked "Insufficient Address." In the interests of justice, the Magistrate Judge ordered that another copy of the PF RD be mailed to Mr. Bourdon. See Order to Re-Mail Document (Doc. 17). Pursuant to that order, another copy of the PF RD was mailed to Mr. Bourdon at his address of record using the correct zip code of "87508" on September 23, 2008. See Clerk's docket entry on September 23, 2008.