McVay

(HC) Carter v. McVay

Good Law
United States District Court, Eastern District of CaliforniaNovember 20, 20232:23-cv-00161California402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEWAYNE NORMAN CARTER, No. 2:23-cv-00161-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M. McVAY, Respondent. 16 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 17, 2023, the court directed petitioner to show cause why the petition should not be dismissed as untimely. ECF No. 5. Despite four extensions of time, petitioner has not responded to the order to show cause. ECF Nos. 7, 9, 11, 14. Thus, it appears that petitioner is unable or unwilling to show that the petition is timely. Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. Further, it is RECOMMENDED that this action be DISMISSED for the reasons stated in the April 17, 2023 order. These findings and recommendations are submitted to the United States District Judge assigned to the case,…

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