(HC) Brown v. People of the State of California

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID BROWN, No. 2:23-CV-1835-DMC-P 12 Petitioner, 13 v. ORDER 14 PEOPLE OF THE STATE OF and

CALIFORNIA,

15 FINDINGS AND RECOMMENDATIONS Respondent. 16

17 18 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. 20 On March 18, 2024, the Court dismissed Petitioner’s petition and directed 21 Petitioner to file an amended petition within 30 days. Petitioner was warned that failure to file an 22 amended petition may result in dismissal of this action for lack of prosecution and failure to 23 comply with court rules and orders. See Local Rule 110. To date, Petitioner has not complied. 24 The Court must weigh five factors before imposing the harsh sanction of 25 dismissal. See Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir. 2000); Malone v. 26 U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 1987). Those factors…