(HC) Ayala v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIX R. AYALA, No. 2:21-cv-00601 GGH P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, commenced this action by filing a motion 18 for extension of time to file a petition for writ of habeas corpus. ECF No. 1. The matter was 19 referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636(b)(1) and Local Rule 20 302(c). 21 On April 9, 2021, the undersigned issued an order denying petitioner’s motion for 22 extension of time to file a habeas petition. ECF No. 3. In addition, the undersigned granted 23 petitioner sixty days from the date of the order to file a habeas petition in order to properly 24 commence this action as required by Rule 3 of the Rules Governing Section 2254 cases. Id. at 1. 25 Petitioner was further informed he must either pay the required filing fee or file an application 26 requesting leave to proceed in forma pauperis. Id. Finally, petitioner was warned that failure to 27 comply with the order would result in a recommendation that this matter be dismissed. Id. The 28 //// 1 deadline has now passed, and petitioner has not responded to the court’s orders, nor taken any 2 action to prosecute this case. 3 IT IS HEREBY ORDERED that the Clerk of the Court randomly assign a district judge to 4 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 twenty-one days 10 after being served with these findings and recommendations, petitioner may file written 11 objections with the court. The document should be captioned “Objections to Magistrate Judge's 12 Findings and Recommendations.” Failure to file objections within the specified time may waive 13 the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.1991). 14 Dated: June 24, 2021 /s/ Gregory G. Hollows 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28