Allison

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TODD CHRISTIAN ROBBEN, No. 2:21-CV-0721-WBS-DMC-P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 JIM ROBINSON, 15 Respondent. 16 17 Petitioner, a former state prisoner proceeding pro se, brings this petition for a writ 18 of habeas corpus pursuant to 28 U.S.C. § 2254. On January 16, 2024, the Court directed 19 Petitioner to file an amended petition in this action and/or initiate new petitions within 30 days. 20 Petitioner was warned that failure to file an amended petition may result in dismissal of this 21 action for lack of prosecution and failure to comply with court rules and orders. See Local Rule 22 110. To date, Petitioner has not filed an amended petition in this action. 23 The Court must weigh five factors before imposing the harsh sanction of 24 dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. 25 U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors are: (1) the…