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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONTAE L. McFADDEN, No. 2:19-cv-01056 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, 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 September 16, 2019, respondent filed a motion to dismiss. ECF No. 13. However, petitioner failed to file an opposition, or statement of non-opposition within the requisite deadline. See ECF No. 8. On November 4, 2019, the court issued an order to show cause ordering 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. 16. Petitioner was further informed that the filing of an opposition, or statement of non- 26 …