(HC)Ernst v. State of California ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN ERNST, No. 2:20-cv-1716-JDP P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 STATE OF CALIFORNIA, 15 Respondent. 16 17 Petitioner is a state prisonerwithout counsel seeking a writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. 19 On August 31, 2020,the court found that petitioner had failed to file an in forma pauperis 20 applicationor paythe filing fee ($5.00) required by 28 U.S.C. §§ 1914(a) & 1915(a). ECF No. 3. 21 Accordingly, the court ordered petitioner to file a completed in forma pauperis application or pay 22 the filing fee within 30 days. That orderwarned petitioner that failure to do so may result in this 23 action being dismissed. 24 The 30-day period has expired,and petitioner has not filed a completed in forma pauperis 25 affidavit, paid the filing fee,or otherwise responded to the court’s order. 26 Accordingly, it is hereby ORDERED that the Clerk is directed to randomly assign a 27 United States District Judge to this case. 28 ///// wOAOe 2 OU UV VEE EUV □□□ VET MVC OPO ee OYyt 1 Further, it is RECOMMENDED that this action be dismissed. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, any party may file written 5 || objections with the court and serve a copy on all parties. Such a document should be captioned 6 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 7 || shall be served and filed within fourteen days after service of the objections. Failure to file 8 || objections within the specified time may waive the right to appeal the District Court’s order. 9 | Turner vy. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 10 | 1991). In his objections, petitioner may address whether a certificate of appealability should 11 || issue in the event he files an appeal of the judgment in this case. See Rule 11, Rules Governing 12 || Section 2254 Cases (the district court must issue or deny a certificate of appealability when it 13 || enters a final order adverse to the applicant). 14 || Dated: October 6, 2020 deme: 16 STATE GISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28