(HC) Holsey v. Unknown ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEROY DALE HOLSEY, No. 2:19-cv-02485 GGH P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, 15 Respondent. 16 17 Petitioner filed his petition for a writ of habeas corpus on December 12, 2019. ECF No. 1. 18 On January 6, 2020, the court dismissed the petition with leave to amend. ECF No. 4. Petitioner 19 was granted thirty days to file an in forma pauperis affidavit, or pay the required filing fee, and 20 file an amended petition in compliance with the court’s instructions. Id. On February 24, 2020, 21 after petitioner’s deadline had expired, the court ordered petitioner to show cause why this matter 22 should not be dismissed based on petitioner’s lack of prosecution and failure to comply with the 23 court’s instructions. ECF No. 5. In response to the court’s order, petitioner filed a motion for an 24 extension of time. ECF No. 6. On March 17, 2020, the court granted the motion and granted 25 petitioner thirty days from the date of the order to file his first amended petition and application to 26 proceed in forma pauperis or pay the required filing fee. ECF No. 7. On April 6, 2020, petitioner 27 filed a one-page letter with only case citations. ECF No. 8. 28 //// 1 The deadline has now passed, and petitioner has failed to file an amended petition and 2 application to proceed in forma pauperis or pay the required filing fee as instructed by this court. 3 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 4 assign a district judge to this action. 5 Further, IT IS HEREBY RECOMMENDED that this action be dismissed, without 6 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 7 Civ. P. 41(b); Local Rule 110. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, petitioner may file written 11 objections with the court and serve a copy on all parties. Such a document should be captioned 12 “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 13 failure to file objections within the specified time may waive the right to appeal the District 14 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: May 14, 2020 /s/ Gregory G. Hollows 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28