(HC) Alspaugh v. Superior Court of CA ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH E. ALSPAUGH, No. 2:22-CV-0761-WBS-DMC 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 SUPERIOR COUT OF CALIFORNIA, et al., 15 Respondents. 16 17 18 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas 19 corpus. On September 14, 2022, the Court dismissed Petitioner’s petition and directed 20 Petitioner to file an amended petition within 30 days. Petitioner was warned that failure to file an 21 amended petition may result in dismissal of this action for lack of prosecution and failure to 22 comply with court rules and orders. See Local Rule 110. To date, Petitioner has not complied. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / ] Based on the foregoing, the undersigned recommends that this action be 2 || dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and 3 || orders. 4 These findings and recommendations are submitted to the United States District 5 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 6 || after being served with these findings and recommendations, any party may file written 7 || objections with the court. Responses to objections shall be filed within 14 days after service of 8 | objections. Failure to file objections within the specified time may waive the right to appeal. 9 || See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 10 11 | Dated: November 14, 2022 Ss..c0_, DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28