Price

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST ROGER FOUNTAIN JR., No. 1:23-cv-00708-KES-SAB (HC) 12 Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

13 v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

14 BRANDON PRICE, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

15 Respondent. (ECF No. 6) 16 17 Ernest Roger Fountain Jr. (“Petitioner”) is a state prisoner proceeding pro se with a 18 petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. This matter was referred 19 to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 25, 2023, the Magistrate Judge issued findings and recommendations 21 recommending that the petition for writ of habeas corpus be dismissed for failure to prosecute and 22 failure to obey a court order. (ECF No. 6.) The findings and recommendations were served on 23 Petitioner and contained notice that any objections were to…