Broomfield

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR M. CONSTANCIO, No. 2:22-CV-1277-KJM-DMC-P 12 Petitioner,

FINDINGS AND RECOMMENDATIONS

13 v. 14 SACRAMENTO SUPERIOR COURT, 15 Respondent. 16 17 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas 18 corpus under 28 U.S.C. § 2254. On October 3, 2022, the Court dismissed Petitioner’s petition 19 and directed Petitioner to file an amended petition within 30 days. Petitioner was warned that 20 failure to file an amended petition may result in dismissal of this action for lack of prosecution 21 and failure to comply with court rules and orders. See Local Rule 110. To date, Petitioner has 22 not complied. 23 The Court must weigh five factors before imposing the harsh sanction of 24 dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. 25 U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the public's 26 interest in expeditious resolution of litigation; (2) the…