(HC) Booker v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJuly 26, 20212:20-cv-01894California563 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BOOKER, Case No. 2:20-cv-01894-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THIS ACTION BE DISMISSED FOR

v. FAILURE TO PROSECUTE, FAILURE TO

COMPLY WITH COURT ORDERS, AND

J. LYNCH, FAILURE TO STATE A CLAIM Respondent. OBJECTIONS DUE WITHIN FOURTEEN

DAYS

16 Petitioner, a state prisoner without counsel, filed a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On October 6, 2020, I dismissed that petition because it appeared to contain only unexhausted claims that are potentially time-barred. ECF No. 8 at 2. Petitioner was granted thirty days to file an amended petition that addressed both issues. Rather than filing an amended petitioner, he filed a motion to stay the case. ECF No. 9. On January 6, 2021, the court denied petitioner’s motion for a stay. ECF No. 13. On February 25, 2021, petitioner, having still not filed an amended petition, was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.