Arnold

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HAROLD LYNN GIPSON, No. 2:14-cv-1412 AC P Petitioner, v. ORDER and FINDINGS AND

RECOMMENDATIONS

STU SHERMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2245. For the reasons set forth below, the undersigned recommends that the court dismiss the action without prejudice for failure to prosecute. I. Background Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner was convicted of first-degree murder with the enhancement of personal use of a firearm. Id. at 2. Petitioner challenged his conviction on five grounds. However, only ground 1, the confrontation clause claim, appeared to have been properly exhausted, so petitioner was directed to inform the court as to whether he sought a stay. See ECF No. 4. Petitioner then filed a motion to…