(HC) Huston v. Campbell ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SHAQVILLE HUSTON, No. 2:21-cv-2277 AC P 11 Petitioner, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 SACRAMENTO SUPERIOR COURT, 14 Respondent. 15 16 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 17 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF 18 Nos. 2, 3. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 19 636(b)(1)(B) and Local Rule 302. 20 On February 1, 2022, the undersigned directed petitioner to file a first amended petition 21 and to do so within thirty days. ECF No. 8. More than thirty days have passed, and petitioner has 22 neither filed an amended petition nor responded to the court’s order in any way. 23 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a 24 United States District Judge to this action. 25 IT IS FURTHER RECOMMENDED that: 26 1. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) and his request for 27 copies (ECF No. 3) be DENIED as moot, and 28 //// ] 2. This matter be DISMISSED for failure to prosecute. Fed. R. Civ. P. 41(b); Local Rule 2 | 110. 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. Such a document should be captioned “Objections to Magistrate 7 || Judge’s Findings and Recommendations.” Petitioner is advised that failure to file objections 8 | within the specified time may waive the right to appeal the District Court’s order. Martinez v. 9 || Yist, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: April 29, 2022 ~ 2 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28