(HC) Powell v. County of Sacramento District Attorney ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EDWARD POWELL, No. 2:20-CV-0043-WBS-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 COUNTY OF SACRAMENTO DISTRICT ATTORNEY, et al., 15 Respondents. 16 17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. On January 22, 2020, the Court dismissed 20 Petitioner’s petition and directed Petitioner to file an amended petition within 30 days that names 21 the correct respondent. Petitioner was warned that failure to file an amended petition may result 22 in dismissal of this action for lack of prosecution and failure to comply with court rules and 23 orders. See Local Rule 110. To date, Petitioner has not complied. While Petitioner filed an 24 amended petition on May 18, 2020, Petitioner has not complied with the Court’s order that he 25 name the correct respondent. 26 / / / 27 / / / 28 / / / 1 In light of Petitioner’s failure to file an amended petition as directed, the Court 2 | finds that dismissal of this action is appropriate. See Local Rule 110. 3 Based on the foregoing, the undersigned recommends that this action be 4 | dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and 5 | orders. 6 These findings and recommendations are submitted to the United States District 7 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 8 | after being served with these findings and recommendations, any party may file written 9 | objections with the court. Responses to objections shall be filed within 14 days after service of 10 || objections. Failure to file objections within the specified time may waive the right to appeal. 11 | See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 12 13 | Dated: October 30, 2020 Ssvcqo_ DENNIS M. COTA 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28