Opinion
2:24-cv-743-RSM-TLF
07-31-2024
FRANCISO MENDOZA-GOMEZ, Petitioner, v. JASON BENNETT, Respondent.
NOTED FOR AUGUST 15, 2024
REPORT AND RECOMMENDATION
Theresa L. Fricke United States Magistrate Judge
On May 29, 2024, Petitioner filed a habeas corpus petition under 28 USC 2241 and an application to proceed in forma pauperis (IFP). Dkt 1. On June 17, 2024, the Court ordered Petitioner to show cause why their petition should not be dismissed for failure to exhaust. Dkt. 3. Petitioner had until July 5, 2024, to meet the Court's deadline. Id.
Petitioner has not responded to the Court's order to show cause to date. Accordingly, the undersigned recommends that the Court DENY Petitioner's IFP application (Dkt. 1) and dismiss the action without prejudice for failure to prosecute.
Petitioner requested his “records” in the instant matter on July 2, 2025. Dkt. 4. The Clerk of the Court informed Petitioner that an Order from the Court permitting the prosecution of his petition was first required before his records request could be considered. Dkt. 4-1.
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 August 15, 2024, as noted in the caption.