(HC) Way v. Allison

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA LATRALE D. WAY, No. 2:22-cv-01351-DAD-EFB (HC) 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, 15 Respondent.

17 Petitioner is a state prisoner proceeding without counsel in this petition for writ of habeas corpus brought under 28 U.S.C. § 2254. On March 1, 2023, respondent filed a motion to dismiss the petition. ECF No. 13. On April 10, 2023, the court informed petitioner of the requirements for filing an opposition to a motion to dismiss. ECF No. 15. That order gave petitioner twenty-one (21) days to file an opposition or statement of non-opposition. Id. 22 The time for acting has passed and petitioner has not filed an opposition or a statement of non-opposition, nor has he otherwise responded to the court’s order.

24 Accordingly, it is RECOMMENDED that this action be dismissed without prejudice. See E.D. Cal. L.R. 110; Fed. R. Civ. P. 41(b); Rule 12, Rules Governing § 2254 Cases.

26 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).

6 | Dated: May 10, 2023. □□ PDEA 7 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 1]