(HC)Baymiller v. People of the 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 WILLIAM HOLT BAYMILLER, No. 2: 17-cv-2458 MCE KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PEOPLE OF THE STATE OF CALIFORNIA, 15 Respondent. 16 17 18 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends 20 that this action be dismissed. 21 On August 24, 2018, this action was stayed so that petitioner could exhaust his 22 unexhausted claims. (ECF No. 17.) On April 6, 2020, the Honorable Morrison C. England’s 23 Courtroom Deputy Clerk issued a minute order (at the direction of Judge England) ordering 24 petitioner to file a status report not later than July 1, 2020. (ECF No. 18.) Petitioner did not file a 25 status report. Accordingly, the undersigned recommends that this action be dismissed based on 26 petitioner’s failure to file a status report, as directed by the April 6, 2020 minute order and failure 27 to prosecute this case. 28 //// ] Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 2 || prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, petitioner may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 || “Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 || Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: October 27, 2021 Aectl Aharon 12 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 13 14 15 Bay2458.fr 16 17 18 19 20 21 22 23 24 25 26 27 28