(HC) Manley v. Campbell ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NABIL IBN MANLEY, Case No. 2:23-cv-00039-JDP (HC) 12 Petitioner, 13 v. ORDER; FINDINGS AND RECOMMENDATIONS 14 TAMMY CAMPBELL, 15 Respondent. 16 17 On February 22, 2023, I screened petitioner’s petition for writ of habeas corpus and 18 notified him that it failed to state a viable claim. ECF No. 6. I granted him thirty days to file an 19 amended petition. Id. Petitioner subsequently requested two extensions of time to file an 20 amended petition, both of which I granted. See ECF Nos. 8 & 10. The most recent extension 21 granted petitioner until June 2, 2023, to file an amended petition. When petitioner did not file an 22 amended petition by that date, on July 11, 2023, I ordered him to show cause within twenty-one 23 days why this action should not be dismissed for his failure to prosecute. ECF No. 11. I notified 24 him that if he wished to continue with this action he must, within twenty-one days, file an 25 amended petition. Id. I also warned him that failure to comply with that order would result in a 26 recommendation that this action be dismissed. Id. 27 The deadline has passed, and petitioner has neither filed an amended petition nor 28 otherwise responded to the July 11, 2023 order. Accordingly, it is hereby ORDERED that the 1 | Clerk of Court shall randomly assign a United States District Judge to this case. 2 Further, it is hereby RECOMMENDED that: 3 1. This action be dismissed without prejudice for failure to prosecute and failure to 4 | comply with court orders, for the reasons set forth in the court’s July 11, 2023 order. 5 2. The Clerk of Court be directed to close the case. 6 These findings and recommendations are submitted to the United States District Judge 7 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days of 8 | service of these findings and recommendations, any party may file written objections with the 9 | court and serve a copy on all parties. Such document should be captioned “Objections to 10 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 11 | within fourteen days of service of the objections. The parties are advised that failure to file 12 | objections within the specified time may waive the right to appeal the District Court’s order. 13 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 14 | 1991). 15 16 IT IS SO ORDERED. 17 ( 1 Sy — Dated: _ September 19, 2023 Q_-——— 18 JEREMY D. PETERSON 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28