Thompason

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CHEN, No. 2:21-cv-01796-DAD-DB (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 PAUL THOMPSON, HABEAS PETITION DUE TO

PETITIONER’S FAILURE TO PROSECUTE

15 Respondents. (Doc. No. 10) 16

17 18 Petitioner James Chen is a state prisoner proceeding pro se with a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2241. The matter was referred to a United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 24, 2022, the assigned magistrate judge issued findings and recommendations 22 recommending that this action be dismissed, without prejudice, due to petitioner’s failure to 23 prosecute this action. (Doc. No. 10.) In particular, the service copy of the court’s order dated 24 April 19, 2022, which was mailed to petitioner at his address of record, was returned to the court 25 as undeliverable, “no longer here.” Petitioner was therefore…