(HC) Clarke v. SCSO ( 2022 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE KELLY CLARKE, No. 2:22-CV-0380-WBS-DMC-P 12 Petitioner, FINDINGS AND RECOMMENDATIONS 13 v. 14 SCSO, et al., 15 Respondents. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus under 28 U.S.C. § 2254. On March 23, 2022, the Court directed Petitioner to submit 19 either a completed application for leave to proceed in forma pauperis or the full filing fee for this 20 action within 30 days. Petitioner was warned that failure to comply may result in dismissal of 21 this action for lack of prosecution and failure to comply with court rules and orders. See Local 22 Rule 110. To date, Petitioner has failed to comply. 23 Based on the foregoing, the undersigned recommends that this action be 24 dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and 25 orders. 26 / / / 27 / / / 28 / / / 1 These findings and recommendations are submitted to the United States District 2 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days 3 | after being served with these findings and recommendations, any party may file written 4 | objections with the court. Failure to file objections within the specified time may waive the right 5 || to appeal. See Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 6 7 | Dated: May 20, 2022 Ssvcqo_ 8 DENNIS M. COTA 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28