Opinion
No. CV 15-0004 RB/LAM
07-22-2015
JOEL ENRIQUE RIVERA PALMA, Petitioner, v. RAY TERRY, Warden, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on Magistrate Judge Lourdes A. Martínez' Proposed Findings and Recommended Disposition (Doc. 21) (hereinafter "PF&RD"), entered on June 30, 2015. No party has filed objections to the proposed findings and recommended disposition and the deadline for filing objections has passed. The Court has determined that it will: adopt the Proposed Findings and Recommended Disposition (Doc. 21); grant the Government's Motion to Dismiss a Petition for a Writ of Habeas Pursuant to 28 U .S.C. § 2241 (Doc. 20); dismiss without prejudice Petitioner's 28 U.S.C. § 2241 petition [Doc. 1]; and dismiss this case.
The Court notes that the PF&RD was returned to the Court with "Return to Sender, Attempted - Not Known, Unable to Forward" stamped on the envelope that was sent to the Court. [Doc. 22]. It thus appears that Petitioner has failed to comply with the Court's local rule requiring all parties, including parties appearing pro se, to notify the Clerk in writing of any change in their mailing address. See D.N.M. LR-Civ. 83.6. --------
IT IS THEREFORE ORDERED that the Proposed Findings and Recommended Disposition (Doc. 21) are ADOPTED by the Court.
IT IS FURTHER ORDERED that the Government's Motion to Dismiss a Petition for a Writ of Habeas Pursuant to 28 U .S.C. § 2241 (Doc. 20) is GRANTED.
IT IS FURTHER ORDERED that Petitioner's 28 U.S.C. § 2241 petition [Doc. 1] is DISMISSED without prejudice.
IT IS FURTHER ORDERED that this case be DISMISSED and that a final judgment be entered concurrently with this order.
IT IS SO ORDERED.
/s/ _________
HONORABLE ROBERT C. BRACK
UNITED STATES DISTRICT JUDGE