Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENITO JULIAN LUNA, Case No. 2:24-cv-1686-DC-JDP (P) Petitioner, ORDER; FINDINGS AND

RECOMMENDATIONS

v.

B. PHILLIPS, Respondent. 16 On September 9, 2025, I recommended that this action be dismissed for failure to prosecute after petitioner failed to file an amended petition within the deadline. ECF No. 14. I found that his initial petition was non-viable, ECF No. 6, and petitioner failed to file an amended petition within the deadline, despite being granted two extension of times, ECF Nos. 11 & 13. After my recommendations issued, petitioner filed over two-hundred pages of “exhibits.” ECF No. 15. Most of these are state court documents but, among them, are a handful of pages that can be construed as an amended petition, id. at 68-72. Accordingly, out of an abundance of caution, I withdraw my current findings and recommendations and, in their place, substitute the following recommendation that this action be dismissed for failure to…