Opinion
2:21-cv-0192 DB P
06-01-2021
ORDER AND FINDINGS AND RECOMMENDATIONS
DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE
Petitioner is a stat e prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. In an order filed March 4, 2021, this court dismissed the petition with leave to amend. Petitioner's amended petition was due within 60 days of the date of that order.
Sixty days have passed and petitioner has not filed an amended petition or otherwise responded to this court's order.
For the foregoing reasons, the Clerk of the Court is directed to randomly assign a district judge to this case, and
IT IS RECOMMENDED that petitioner's petition for a writ of habeas corpus be dismissed for petitioner's failure to prosecute and failure to comply with court orders. See E.D. Cal. R. 110; Fed.R.Civ.P. 41.
These findings and recommendations will be submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within thirty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” Petitioner is advised that failure to file objections within the specified time may result in waiver of the right to appeal the district court's order. Martinez v. Ylst 951 F.2d 1153 (9th Cir. 1991).