Allison

(HC) Weisner v. Allison

Good Law
United States District Court, Eastern District of CaliforniaJanuary 3, 20242:23-cv-00662California358 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-0662 DAD AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. On June 23, 2023, respondent filed a motion to dismiss the petition. ECF No. 14. On November 28, 2023, petitioner was ordered to file and serve, within twenty-one days, an opposition or statement of non-opposition to the pending motion. ECF No. 19. In the same order, petitioner was informed that failure to file an opposition would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). The twenty-one-day period has now expired, and petitioner has filed a response to the motion to dismiss or otherwise responded to the court’s order. Accordingly, IT IS HEREBY RECOMMENDED that this action be…

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