Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT EUGENE BAILEY, No. 2:23-cv-01087-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, Respondent. 16 Petitioner proceeds without counsel in an action brought under 28 U.S.C. § 2241. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On April 24, 2024, the court dismissed the petition with leave to amend within 30 days. ECF No. 6. The time for acting has now passed and petitioner has not filed an amended complaint or otherwise responded to the court’s order. Thus, it appears that petitioner is unable or unwilling to cure the defects in the petition. Accordingly, it is ORDERED that the Clerk of Court randomly assign a district judge to this action. Further, it is RECOMMENDED that this action be DISMISSED without prejudice for the reasons stated in the April 24, 2024 order. These findings and recommendations are submitted to the…