Opinion
Case No. CV 11-8979 SJO (JCG)
04-06-2015
JOSEPH EDWARDS JR., Petitioner, v. WANDA WILSON, Warden, Respondent.
ORDER ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE AND DENYING CERTIFICATE OF APPEALABILITY
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, the Magistrate Judge's Report and Recommendation, and the remaining record, and has made a de novo determination. No objections to the Report and Recommendation have been filed.
Petitioner's address of record is CDC G-42715, California Men's Colony State Prison, P.O. Box 8101, San Luis Obispo, CA 93409. [See Dkt. No. 30.] However, mail sent to Petitioner at that address has been returned undelivered by the U.S. Postal Service. [See Dkt. No. 52.] Petitioner has failed to apprise the Court of any change of address, as mandated by Local Rule 41-6. See L.R. 41-6; [Dkt. No. 6 at 5]. Thus, the Court notes that Petitioner's First Amended Petition, [Dkt. No. 33], is also subject to dismissal for failure to prosecute. See Hidalgo-Chavez v. Holder, 2013 WL 1247655, at *1 (C.D. Cal. Mar. 25, 2013).
Accordingly, IT IS ORDERED THAT:
1. The Report and Recommendation is approved and accepted;
2. Judgment be entered denying the Petition and dismissing this action with prejudice; and
3. The Clerk serve copies of this Order on the parties.
Additionally, for the reasons stated in the Report and Recommendation, the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Thus, the Court declines to issue a certificate of appealability. DATED: April 6, 2015.
/s/_________
HON. S. JAMES OTERO
UNITED STATES DISTRICT JUDGE