Allison
(HC) Weisner v. Allison
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. ORDER AND FINDINGS AND
RECOMMENDATIONS
KATHELEEN 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. After petitioner twice failed to respond to the motion, the undersigned recommended that this action be dismissed for failure to prosecute. ECF No. 20. Petitioner has now filed a motion for a temporary restraining order or preliminary injunction and a motion for an extension of time to respond to the motion to dismiss. ECF Nos. 21, 22. Petitioner asserts that he has been held in administrative segregation, without access to his legal papers, since November 15, 2023. ECF No. 21 at 3. He further asserts that he never received a copy of respondent’s answer to the petition. ECF No. 22. He…