(HC) Williams v. Pallares ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TANISHIA SAVANNAH WILLIAMS, No. 2:20-cv-01519 GGH P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 MICHAEL PALLARES, Acting Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. §2254. The matter was referred to the United States Magistrate Judge 19 pursuant to 28 U.S.C. §636(b)(1) and Local Rule 302(c). 20 On July 3, 2020, petitioner filed a petition for writ of habeas corpus. ECF No. 1. On 21 August 7, 2020, the court granted petitioner thirty days to file a motion for stay and abeyance 22 pursuant to Rhines v. Weber, 544 U.S. 269 (2005) based on a failure to exhaust state court 23 remedies. ECF No. 3. Petitioner was further “warned that failure to file a motion for stay and 24 abeyance within the court’s deadline will result in a recommendation that this action be dismissed 25 as unexhausted. Id. at 3. Petitioner has not responded to the court’s orders, nor taken any action to 26 prosecute this case. 27 Moreover, review of the case docket indicates the copy of the court’s August 7, 2020 was 28 served by mail on Petitioner on two separate occasions and returned on August 25, 2020 and 1 September 9, 2020 as undeliverable. However, pursuant to Local Rule 182(f), service at the 2 address listed on the docket remains fully effective in the absence of a notification of change of 3 address. 4 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 5 shall assign this case to a district judge. 6 Further, IT IS HEREBY RECOMMENDED that this action be dismissed, without 7 prejudice, for lack of prosecution and for failure to comply with the court’s order. See Fed. R. 8 Civ. P. 41(b); Local Rule 110. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 11 after being served with these findings and recommendations, petitioner may file written 12 objections with the court. The document should be captioned “Objections to Magistrate Judge's 13 Findings and Recommendations.” Failure to file objections within the specified time may waive 14 the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 Dated: September 28, 2020 /s/ Gregory G. Hollows 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28