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 requisite deadline. See ECF No. 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 timeframe would serve as cause…