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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 DUANE ANGELO GITTENS, No. 2:22-cv-01708-KJM-EFB (HC) 10 Petitioner, 11 v. FINDINGS AND RECOMMENDATIONS 12 ON HABEAS CORPUS, 13 Respondent. 14 15 Mr. Gittens is a state prisoner without counsel. On November 2, 2022, the court found 16 that Mr. Gittens had failed to either pay the appropriate filing fee or submit a proper application 17 seeking leave to proceed in forma pauperis. ECF No. 9. Accordingly, the court directed Mr. 18 Gittens to submit either the filing fee or the application required by 28 U.S.C. § 1915(a) within 19 thirty days. Id. The court also warned Mr. Gittens that failure to do so would result in this action 20 being dismissed. Id. The time for acting has now passed and Mr. Gittens has not paid the filing 21 fee, submitted an application for leave to proceed in forma pauperis, or otherwise responded to 22 the court’s order. 23 Accordingly, it is hereby RECOMMENDED that this action be dismissed without 24 prejudice. 25 These findings…