Foss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN CALDWELL, No. 2:19-cv-00679 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS V. FOSS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). On June 27, 2019, respondent filed a motion to dismiss. ECF No. 9. However, petitioner failed to file an opposition, or statement of non-opposition, within the deadline set forth by the court. See ECF No. 4 at 2 ¶4. On August 19, 2019, the court ordered petitioner to show cause within 14 days, why this matter should not be dismissed for failure to prosecute and/or to follow a court order pursuant to Federal Rules of Civil Procedure 41(b). ECF No. 10. Petitioner was further informed that the filing of an opposition, or statement of non-opposition, within the 26 …