(HC) Posey v. Warden, FCI-Herlong

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL POSEY, III, No. 2:24-cv-2805 CSK P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN, FCI-HERLONG, Respondent. 16 Petitioner is a federal prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2241. As discussed below, the Court recommends that this case be dismissed for failure to prosecute. I. BACKGROUND On February 24, 2025, respondent filed a motion to dismiss. (ECF No. 22.) Petitioner did not file an opposition to the motion. On April 3, 2025, petitioner was ordered to file an opposition or a statement of non- opposition to the pending motion within thirty days. In that same order, petitioner was advised of the requirements for filing an opposition to the pending motion and that failure to oppose such a motion would be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c)…