Opinion
3:23-CV-5686-JLR-DWC
10-23-2023
RAMON NAVARRO LUPERCIO, Petitioner, v. TULARE COUNTY SUPERIOR COURT, Respondent.
Noting Dated: November 10, 2023
REPORT AND RECOMMENDATION
David W. Christel Chief United States Magistrate Judge
The District Court has referred this action filed under 28 U.S.C. § 2254 to United States Magistrate Judge David W. Christel. On July 28, 2023, Petitioner Roman Navarro Lupercio initiated this case. Dkt. 1. As Petitioner has not kept the Court advised of his current address or paid the filing fee, the Court recommends dismissing this action without prejudice.
The Clerk of Court mailed Petitioner a Notice of Filing Deficiency on July 31, 2023, notifying Petitioner he had not paid the filing fee or submitted an Application to Proceed In Forma Pauperis (IFP). Dkt. 2. The Clerk's Office notified Petitioner that he had to pay the filing fee or file an Application to Proceed IFP on or before August 30, 2023. Id. The Notice of Filing Deficiency was returned as undeliverable on August 10, 2023. Dkt. 3. Petitioner has not responded to the Notice of Filing Deficiency or filed any documents with the Court since he initiated this lawsuit on July 28, 2023.
Petitioner has not kept the Court advised as to his current mailing address. He has also failed to pay the filing fee or submit an Application to Proceed IFP. Accordingly, pursuant to Local Rule 41(b)(2), the Court recommends dismissal of this action without prejudice for failure to prosecute. Based on the foregoing, the Court also recommends a certificate of appealability be denied.
Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge, see 28 U.S.C. § 636(b)(1)(C), and can result in a waiver of those objections for purposes of appeal. See Thomas v. Arn, 474 U.S. 140, 142 (1985); Miranda v. Anchondo, 684 F.3d 844, 848 (9th Cir. 2012) (citations omitted). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed to set the matter for consideration on November 10, 2023, as noted in the caption.