Foss
(HC) Caldwell v. Foss
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN CALDWELL, No. 2:19-cv-00679 TLN GGH P Petitioner, v. FINDINGS & 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(e). On February 3, 2020, the undersigned issued findings and recommendations recommending dismissal based on petitioner’s lack of prosecution and failure to comply with the court’s order. ECF No. 15. On March 9, 2020, the assigned district judge adopted the undersigned’s findings and recommendations, dismissed the action, and directed the Clerk of the Court to close the case. ECF No. 16. Judgement was entered the same day. ECF No. 17. On May 29, 2020, petitioner filed a motion to reopen this closed action. ECF No. 18. Federal Rule of Civil Procedure Rule 60(b)…