Allison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANKIE WEISNER, No. 2:23-cv-0662 DAD AC P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant 18 to 28 U.S.C. § 2254. On June 23, 2023, respondent filed a motion to dismiss the petition. ECF 19 No. 14. After petitioner twice failed to respond to the motion, the undersigned recommended that 20 this action be dismissed for failure to prosecute. ECF No. 20. Petitioner then filed a motion for 21 an extension of time to respond to the motion to dismiss (ECF No. 22) and the findings and 22 recommendations were withdrawn (ECF No. 23). Because it was unclear if petitioner had 23 received a copy of the motion to dismiss, respondent was ordered to re-serve the motion and 24 petitioner was given thirty days to respond. Id. Respondent re-served the motion on January 23, 25 2024. ECF No. 24. After petitioner once again failed to…