(HC) Graves v. St. Andre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOVELL D. GRAVES, No. 2:23-cv-01016-DAD-DB (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 ST. ANDRE, HABEAS PETITION DUE TO

PETITIONER’S FAILURE TO PROSECUTE

15 Respondent. (Doc. No. 5) 16 17 Petitioner Lovell D. Graves is a state prisoner proceeding pro se with a petition for writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 31, 2023, the court ordered petitioner to either file a motion to proceed in 21 forma pauperis or pay the required filing fee in order to proceed with this habeas action. (Doc. 22 No. 4.) The court provided petitioner with thirty days to comply with that order.1 (Id. at 1.) 23 Petitioner has not paid the required filing fee to proceed with this action nor filed an application 24 to proceed in forma pauperis, and the deadline in which…