Pfeiffer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO MICHAEL MAYORGA, No. 2:22-cv-1940 WBS KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 CHRISTIAN PFEIFFER, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se. On August 25, 2023, petitioner’s habeas 18 application was dismissed, and petitioner was granted thirty days’ leave to file an amended 19 petition raising only exhausted claims one through four.1 The thirty-day period has now expired, 20 and petitioner has not responded to the court’s order. 21 Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without 22 prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). 23 //// 24 1 As noted in prior findings and recommendations, a federal district court may not entertain a 25 petition for habeas corpus unless the petitioner has exhausted state remedies with respect to each of the claims raised. (ECF No. 19 at 4) (citing Rose v. Lundy, 455 U.S. 509 (1982).) The 26 magistrate judge found petitioner’s application…