Director

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERNEST ROGER FOUNTAIN, JR., No. 1:22-cv-01231-ADA-HBK (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

DIRECTOR, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (ECF Nos. 1, 7) 16 Petitioner Ernest Roger Fountain, Jr. is a state prisoner proceeding pro se with his petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 19, 2023, the assigned Magistrate Judge issued findings and recommendations recommending that the pending first amended petition be dismissed for failure to prosecute and/or comply with a court order. (ECF No. 7.) The findings and recommendations were served on Petitioner and contained notice that any objections thereto were…