D.V.I.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER BANNER, No. 2:20-CV-0563-KJM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS D.V.I., Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 28, 2020, the Court dismissed Petitioner’s petition and directed Petitioner to file an amended petition within 30 days which names the correct respondent. Petitioner was warned that failure to comply may result in dismissal of this action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 110. To date, Petitioner has not complied. In particular, the first amended petition filed on May 26, 2020, ECF No. 11, continues to fail to name the correct respondent. The Court must weigh five factors before imposing the harsh sanction of dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. 26 …