1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SAMUEL W. TWEEDY, Case No. 2:23-cv-01239-JDP (HC) 12 Petitioner, ORDER 13 v. DIRECTING THE CLERK OF COURT TO

RANDOMLY ASSIGN A DISTRICT JUDGE

14 STATE OF CALIFORNIA, TO THIS MATTER 15 Respondent. FINDINGS AND RECOMMENDATIONS 16 THAT THE PETITION BE DISMISSED

WITHOUT PREJUDICE FOR FAILURE TO

17 PROSECUTE AND FAILURE TO COMPLY

WITH COURT ORDERS

18

OBJECTIONS DUE WITHIN FOURTEEN

19 DAYS 20 21 On September 28, 2023, I screened petitioner’s petition for writ of habeas corpus and 22 notified him that it failed to state a viable claim. ECF No. 8. I granted him thirty days to file an 23 amended petition. Id. When petitioner did not timely file an amended petition, on December 1, 24 2023, I ordered him to show cause within twenty-one days why this action should not be 25 dismissed for his failure to prosecute. ECF No. 9. I notified him that if he wished to continue 26 with this action he must, within twenty-one days, file an amended petition. Id. I also warned him 27 that failure to comply with that order would result in a recommendation that this action be 28 dismissed. Id. 1 The deadline has passed, and petitioner has neither filed an amended petition nor 2 | otherwise responded to the December 1, 2023 order. 3 Accordingly, it is hereby ORDERED that the Clerk of Court shall randomly assign a 4 | United States District Judge to this case. 5 Further, it is hereby RECOMMENDED that: 6 1. This action be dismissed without prejudice for failure to prosecute and failure to 7 | comply with court orders, for the reasons set forth in the court’s December 1, 2023 order. 8 2. The Clerk of Court be directed to close the case. 9 These findings and recommendations are submitted to the United States District Judge 10 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days of 11 | service of these findings and recommendations, any party may file written objections with the 12 | court and serve a copy on all parties. Such document should be captioned “Objections to 13 | Magistrate Judge’s Findings and Recommendations.” Any response shall be served and filed 14 | within fourteen days of service of the objections. The parties are advised that failure to file 15 | objections within the specified time may waive the right to appeal the District Court’s order. 16 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 17 | 1991). 18 19 IT IS SO ORDERED. 20 ( q oy — Dated: _ January 16, 2024 21 JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE

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