(HC)Ernst v. State of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN ERNST, Case No. 2:20-cv-01716-JAM-JDP (HC) 12 Petitioner, FINDINGS AND RECOMMENDATIONS THAT THIS ACTION BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE, FAILURE TO COMPLY WITH COURT ORDERS, AND 14 STATE OF CALIFORNIA, FAILURE TO STATE A CLAIM 15 Respondent. OBJECTIONS DUE WITHIN FOURTEEN DAYS 16 17 18 19 Petitioner, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 20 U.S.C. § 2254. ECF No. 1. On December 22, 2020, the court screened petitioner’s petition for 21 writ of habeas corpus and notified petitioner that it failed to state a claim. ECF No. 14. Petitioner 22 was granted thirty days to either file an amended petition or to inform the court that he chooses to 23 stand by his original petition. Id. at 2. Petitioner did neither. Accordingly, on February 26, 2021, 24 petitioner was ordered to show cause within twenty-one days why this action should not be 25 dismissed for his failure to prosecute and for failure to state a claim. ECF No. 15. Petitioner was 26 notified that if he wished to continue with this action he must file, within twenty-one days, an 27 amended petition. Id. He was also warned that his failure to comply with the court’s order would 28 result in a recommendation that this action be dismissed. Id. 1 The deadline has passed, and petitioner has not filed an amended petition nor otherwise 2 | responded to the February 26, 2021 order. Accordingly, it is hereby RECOMMENDED that: 3 1. This action be dismissed for failure to prosecute, failure to comply with court orders, 4 | and for failure to state a claim for the reasons set forth in the court’s December 22, 2020 order. 5 2. The Clerk of Court be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 || after being served with these findings and recommendations, any party may file written 9 | objections with the court and serve a copy on all parties. Such a document should be captioned 10 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 11 | objections shall be served and filed within fourteen days after service of the objections. The 12 | parties are advised that failure to file objections within the specified time may waive the right to 13 || appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 14 | v. Vist, 951 F.2d 1153 (9th Cir. 1991). 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ April 6, 2021 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28