Opinion
13-cv-0417 TLN
11-22-2021
FRANK JAMES WILLIAMS, JR., Petitioner, v. DANIEL PARAMO, Warden, Respondent.
FINDINGS AND RECOMMENDATIONS
KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends that this action be dismissed.
On November 17, 2014, this action was stayed so that petitioner could exhaust his unexhausted claims. (ECF No. 31.) Petitioner was ed to file a status report every 90 days detailing petitioner's progress in exhausting his unexhausted claims in state courts, and to file a motion to lift the stay of this action within 30 days after the California Supreme Court issues a final order resolving petitioner's unexhausted claims. Petitioner has not filed a status report. Accordingly, the undersigned recommends that this action be dismissed based on petitioner's failure to file a status report and failure to prosecute this case. 1
Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).
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, petitioner 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.” Petitioner is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: November 22, 2021 2