(HC) Hunter v. Sacramento Superior Court

Filing 52

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 2/11/2022 RECOMMENDING this action be dismissed without prejudice. Referred to Judge William B. Shubb. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SAMPSON HUNTER,

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No. 2:20-CV-1097-WBS-DMC-P

Petitioner,

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v.

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SCOTT JONES,

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FINDINGS AND RECOMMENDATIONS

Respondent.

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On October 28, 2021, the District Judge issued an

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order granting Respondent’s motion to dismiss and dismissing Petitioner’s first amended petition

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with leave to amend. See ECF No. 46. Petitioner was directed to file a second amended petition

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within 30 days. See id. Petitioner has been warned that failure to comply with court orders may

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result in dismissal of this action. See Local Rule 110. To date, despite having been granted an

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extension of time, Petitioner has not complied by filing a second amended petition which is

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sufficient to proceed consistent with the District Judge’s order dismissing the first amended

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petition for failure to comply with Rule 2(c) of the Federal Rules Governing Section 2254 Cases.

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While Petitioner filed a document on January 3, 2022, which has been docketed as a second

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amended petition, this pleading also fails to comply with Rule 2(c).

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Based on the foregoing, the undersigned recommends that this action be

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dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and

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orders. See Local Rule 110.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

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

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objections with the court. Responses to objections shall be filed within 14 days after service of

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objections. Failure to file objections within the specified time may waive the right to appeal.

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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: February 11, 2022
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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