Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-0662 DAD AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

KATHLEEN ALLISON, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Procedural History This action proceeds on petitioner’s first amended petition. ECF No. 4. On June 23, 2023, respondent filed a motion to dismiss the petition on the ground that petitioner’s state conviction is not yet final. ECF No. 14. After petitioner twice failed to respond to the motion, the undersigned recommended that this action be dismissed for failure to prosecute. ECF No. 20. Petitioner then filed a motion for an extension of time to respond to the motion to dismiss (ECF No. 22) and the findings and recommendations were withdrawn (ECF No. 23). Because it was unclear if petitioner had received a copy of the motion to dismiss, respondent was…