Posey v. Warden, FCI-Herlong

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a federal prisoner’s 28 U.S.C. § 2241 habeas action. The court dismissed the action without prejudice for failure to prosecute after no objections were filed.

Holdings

1. The district court adopted the magistrate judge's findings and recommendations in full after presuming the factual findings correct and reviewing the legal conclusions de novo.
2. Service of documents at a party's address of record was effective even though the petitioner's copy of the findings and recommendations was returned.
3. The action was dismissed without prejudice based on petitioner's failure to prosecute.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted when neither party filed objections.
2. Whether the § 2241 action should be dismissed without prejudice for petitioner's failure to prosecute.

Disposition

dismissed