(HC) Salazar v. Pfeiffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND JOSEPH SALAZAR, No. 2:20-cv-1000 JAM AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 CHRISTIAN PFEIFFER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed an application 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. For the 20 reasons stated herein, the undersigned will recommend that this action be dismissed for failure to 21 prosecute and for failure to obey court orders. 22 On August 21, 2020, Respondent filed a motion to dismiss on grounds including the 23 pendency of state court proceedings that would, if successful, render petitioner’s claims moot. 24 ECF No. 11. Rather than proceeding to consider the merits of the motion, the undersigned 25 ordered status reports on the progress of proceedings in San Joaquin Superior Court case number 26 STK-CR-FECOD-2016-0005113. ECF Nos. 15, 18, 20. Responsibility for filing these reports 27 was originally assigned to Respondent, ECF Nos. 15, 18, but was reassigned to Petitioner on July 28 19, 2021. ECF No. 20. 1 On November 16, 2021, because Petitioner had failed to timely file a quarterly report, the 2 || undersigned issued a further order directing him to do so within fourteen days. ECF No. 21. 3 || Petitioner failed to respond. On January 18, 2022, the court ordered Petitioner to show cause 4 || within fourteen days why this case should not be dismissed for failure to obey court orders. ECF 5 || No. 22. Petitioner has made no showing of cause, nor has he responded to the Court’s order in 6 || any way. For these reasons, the undersigned will recommend that this matter be dismissed for 7 || failure to prosecute and for failure to obey court orders. 8 Accordingly, IT IS HEREBY RECOMMENDED that: 9 1. This action be DISMISSED for failure to prosecute and for failure to obey court 10 || orders. See Fed. R. Civ. P. 41(b); Local Rule 110; 11 2. Respondent’s motion to dismiss (ECF No. 11) be DENIED as moot; and 12 3. The Court DECLINE to issue the certificate of appealability referenced in 28 U.S.C. § 13 2253. 14 These findings and recommendations are submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 16 | after being served with these findings and recommendations, any party may file written 17 || objections with the court and serve a copy on all parties. Such a document should be captioned 18 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 19 || objections shall be served and filed within fourteen days after service of the objections. The 20 || parties are advised that failure to file objections within the specified time may waive the right to 21 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 22 | DATED: March 8, 2022 ~ 23 Htttenr— Lhor—e_ ALLISON CLAIRE 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28