Phillips

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENITO JULIAN LUNA, Case No. 2:24-cv-1686-JDP (P) 12 Petitioner, 13 v. ORDER; FINDINGS AND

RECOMMENDATIONS

14 B. PHILIPS,

15 Respondent. 16 17 The court screened petitioner’s initial petition on November 20, 2024. ECF No. 6. There, 18 the court found that the petition did not state a claim and provided petitioner with thirty days to 19 file either an amended petition or notice of voluntary dismissal. Id. On January 6, 2025, the 20 court granted petitioner’s motion for a sixty-day extension of time. ECF No. 8. When petitioner 21 did not timely file an amended petition, on March 24, 2025, the court ordered petitioner to show 22 cause for why this action should not be dismissed for this failure to state a claim, failure to 23 prosecute, and failure to comply with court orders. ECF No. 9. On April 4, 2025, petitioner filed 24 a motion for a ninety-day extension of time; petitioner was granted forty-five days to file an 25 amended petition. ECF Nos. 10 & 11. …