Brewer

(HC) Fiorito v. Brewer

Good Law
United States District Court, Eastern District of CaliforniaApril 16, 20242:23-cv-00758California360 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL FIORITO, No. 2:23-cv-0758 WBS AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS BREWER, Respondent. 16 Petitioner is a federal prisoner proceeding pro se with a habeas corpus petition filed pursuant to 28 U.S.C. § 2241. On February 7, 2024, respondent filed a motion to dismiss the petition. ECF No. 10. On March 18, 2024, petitioner was ordered to file and serve, within twenty-one days, an opposition or statement of non-opposition to the pending motion. ECF No. 11. In the same order, petitioner was informed that failure to file an opposition would result in a recommendation that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Id. The twenty-one-day period has now expired, and petitioner has not filed a response to the motion or otherwise responded to the court’s order. For the foregoing reasons, IT IS HEREBY RECOMMENDED that this…

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