Summary
In Christian v. Deboo, 2007 WL 470587 (E.D. Cal.), this court dismissed a § 2241 petition because "[p]etitioner... is not seeking release from custody, but rather transfer to another prison where he believes he will be safer."
Summary of this case from Ward v. IvesOpinion
No. 2:06-cv-1806-MCE-KJM-P.
April 27, 2007
ORDER
Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.
On February 9, 2007, the magistrate judge filed findings and recommendations herein which were served on petitioner and which contained notice to petitioner that any objections to the findings and recommendations were to be filed within twenty days. No objections to the findings and recommendations have been filed.
Although it appears from the file that petitioner's copy of the findings and recommendations were returned, petitioner was properly served. It is the petitioner's responsibility to keep the court apprised of his current address at all times. Pursuant to Local Rule 83-182(f), service of documents at the record address of the party is fully effective.
The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:
1. The findings and recommendations filed February 9, 2007, are adopted in full; and
2. This action is dismissed without prejudice.