(HC) Morris v. Baughman ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 CONDALEE MORRIS, No. 2:19-cv-0661-TLN-EFB P 11 Petitioner, 12 v. FINDINGS AND RECOMMENDATIONS 13 DAVID BAUGHMAN, 14 Respondent. 15 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 17 U.S.C. § 2254. 18 On May 12, 2020, respondent filed a motion to dismiss the petition. ECF No. 25. On June 19 11, 2020, the court informed petitioner of the requirements for filing an opposition to any motion 20 to dismiss. That order gave petitioner 21 days to file an opposition or statement of non- 21 opposition and warned petitioner that failure to do so would result in a recommendation that this 22 action be dismissed. 23 The 21 days have passed and petitioner has not filed an opposition or a statement of no 24 opposition nor otherwise responded to the May 12, 2020, order. 25 Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P. 41(b); 26 Rule 12, Rules Governing § 2254 Cases. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 2 fOUVVYEVVE PRINCE MVOC Ob PI Ie Ay eo 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). In 6 || his objections petitioner may address whether a certificate of appealability should issue in the 7 | event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section 2254 8 || Cases (the district court must issue or deny a certificate of appealability when it enters a final 9 | order adverse to the applicant). 10 | Dated: July 6, 2020. > M / EDMUND F. BRENNAN 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28