Lafond v. Zuniga

Summary

A federal magistrate judge recommends dismissing Raoul Lafond’s 28 U.S.C. § 2241 habeas petition for failure to prosecute and failure to obey a court order after Lafond did not respond to the respondent’s motion to dismiss or a subsequent court order. The recommendation also states that the motion to dismiss should be denied as moot and that a certificate of appealability should not issue.

Holdings

1. The action should be dismissed under Federal Rule of Civil Procedure 41(b) and Local Rule 110 because petitioner failed to prosecute the action and failed to obey the court's order directing him to respond.
2. Respondent's motion to dismiss should be denied as moot because the action should be dismissed for petitioner's failure to prosecute and failure to obey a court order.
3. The court recommended declining to issue a certificate of appealability.

Questions Presented

1. Whether the habeas action should be dismissed for failure to prosecute and failure to obey a court order.
2. Whether respondent's motion to dismiss should be denied as moot after dismissal of the action.
3. Whether the court should decline to issue a certificate of appealability.

Disposition

other