William H. Baymiller v. People of the State of California

Filing 19

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/27/2021 RECOMMENDING this action be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOLT BAYMILLER,

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Petitioner,

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No. 2: 17-cv-2458 MCE KJN P

v.

FINDINGS AND RECOMMENDATIONS

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends

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that this action be dismissed.

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On August 24, 2018, this action was stayed so that petitioner could exhaust his

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unexhausted claims. (ECF No. 17.) On April 6, 2020, the Honorable Morrison C. England’s

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Courtroom Deputy Clerk issued a minute order (at the direction of Judge England) ordering

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petitioner to file a status report not later than July 1, 2020. (ECF No. 18.) Petitioner did not file a

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status report. Accordingly, the undersigned recommends that this action be dismissed based on

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petitioner’s failure to file a status report, as directed by the April 6, 2020 minute order and failure

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to prosecute this case.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, petitioner may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Petitioner is advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 27, 2021

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Bay2458.fr

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