(HC)Kuzminskiy v. Matteson

7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA GENNADIY KUZMINSKIY, No. 2:22-cv-0041-WBS-EFB P 11 Petitioner, 12 v. FINDINGS AND RECOMMENDATIONS G. MATTESON, 14 Respondent.

16 Petitioner is a state prisoner proceeding without counsel in this petition for writ of habeas corpus brought under 28 U.S.C. § 2254. On April 13, 2022, respondent filed a motion to dismiss the petition. ECF No. 11. On May 17, 2022, the court informed petitioner of the requirements for filing an opposition to a motion to dismiss. ECF No. 13. That order gave petitioner twenty-one (21) days to file an opposition or statement of non-opposition. Id. 21 The time for acting has passed and petitioner has not filed an opposition or a statement of no opposition nor otherwise responded to the May 17, 2022 order.

23 Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P. 41(b); Rule 12, Rules Governing § 2254 Cases.

25 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)(l). 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.” Failure to file objections | within the specified time may waive the right to appeal the District Court’s order. 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 in the || 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).

8 || Dated: June 10, 2022. □□ PDEA 10 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 1]