Brewer

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL FIORITO, No. 2:23-cv-0206 AC P 12 Petitioner, 13 v. ORDER 14 BREWER, 15 Respondent. 16 17 Petitioner is proceeding pro se with a habeas corpus petition filed pursuant to 28 U.S.C. 18 § 2241. The parties have consented to the jurisdiction of the undersigned magistrate judge for all 19 purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See ECF 20 No. 19. 21 On January 31, 2024, respondent filed a motion to dismiss the petition. ECF No. 41. 22 After petitioner failed to respond, he was given an additional twenty-one days to file an 23 opposition or statement of non-opposition to the pending motion. ECF No. 42. In the same 24 order, petitioner was informed that failure to file an opposition would result in a recommendation 25 that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of 26 Civil Procedure 41(b). Id. By order filed April 16, 2024, after petitioner once again failed to 27 …