(HC) Craig v. Foxworthy

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA NORMAN JOHN CRAIG, No. 2:21-cv-1261-JAM-EFB P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS FOXWORTHY, et al., 15 Respondents.

17 Petitioner commenced this action while confined to a county jail as a pretrial detainee.1 ECF No. 1 at 2. He proceeds without counsel and seeks a writ of habeas corpus pursuant to 28 19 U.S.C. § 2254.

20 On January 4, 2022, the court found that petitioner had failed to file an in forma pauperis application or pay the filing fee ($5.00) required by 28 U.S.C. §§ 1914(a) & 1915(a). ECF No. 7.

22 Accordingly, the court ordered petitioner to file a completed in forma pauperis application or pay the filing fee within 30 days. That order warned petitioner that failure to do so may result in this action being dismissed.

25 ///// ///// 28 1 Petitioner was later transferred to Napa State Hospital.

1 The 30-day period has expired and petitioner has not filed a completed in forma pauperis | affidavit, paid the filing fee or otherwise responded to the court’s order.

3 Accordingly, it is RECOMMENDED that this action be dismissed.

4 These findings and recommendations are submitted to the United States District Judge | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days | after being served with these findings and recommendations, any party may file written | objections with the court and serve a copy on all parties. Such a document should be captioned | “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections | shall be served and filed within fourteen days after service of the objections. Failure to file | objections within the specified time may waive the nght to appeal the District Court’s order.

1] Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. | 1991). In his objections petitioner may address whether a certificate of appealability should issue | inthe event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section | 2254 Cases (the district court must issue or deny a certificate of appealability when it enters a | final order adverse to the applicant).

16 | Dated: February 9, 2022.

18 □□ PDEA EDMUND F. BRENNAN 19 UNITED STATES MAGISTRATE JUDGE