Foulk

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES RIGGINS, No. 2:15-cv-1718 AC P 11 Petitioner, 12 v. ORDER and FINDINGS AND

RECOMMENDATIONS

13 F. FOULK, 14 Respondent. 15 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an 17 application for a writ of habeas corpus pursuant to 28 U.S.C. § 2245. For the reasons set forth 18 below, the undersigned recommends that the court dismiss the action without prejudice for failure 19 to prosecute. 20 I. Background 21 Petitioner filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 5. 22 Petitioner challenged his conviction and sentence on five grounds, four of which had been 23 exhausted in state court. ECF No. 5 at 5-13. In light of petitioner’s representation that Ground 24 Five had not been presented to the California Supreme Court, and was therefore not exhausted, 25 petitioner was ordered on January 20, 2016 to inform the court how he wished to proceed. ECF 26 No. 10. Petitioner was…