(HC) Conners v. Pfeiffer, No. 2:2019cv00638 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER signed by Magistrate Judge Deborah Barnes on 11/20/2019 VACATING the 13 Findings and Recommendations filed 7/31/2019. Petitioner shall have 30 days from the date of service of this order to file an amended petition. Failure to comply with this order will result in a recommendation that this action be dismissed. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ENOCH CONNERS, 12 Petitioner, 13 14 No. 2:19-cv-0638 KJM DB P v. ORDER PFEIFFER, 15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 17 18 corpus pursuant to 28 U.S.C. § 2254. By order dated July 31, 2019, the court screened and 19 dismissed the original petition. (ECF No. 12.) Petitioner was granted thirty days leave to file an 20 amended petition. Thereafter, no amended petition was filed on the docket and the court 21 recommended that this action be dismissed. (ECF No. 13.) Petitioner has now filed objections stating that he was unable to respond to the court’s 22 23 order because he was transferred on October 17, 2019. (ECF No. 14.) Petitioner has requested 24 additional time to file an amended petition. In light of petitioner’s pro se status the court will 25 vacate the findings and recommendations and grant petitioner thirty days to file an amended 26 petition. However, petitioner is warned that failure to file an amended petition will result in a 27 recommendation that this action be dismissed. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The court’s July 31, 2019 findings and recommendations (ECF No. 13) are vacated. 3 2. Petitioner shall have thirty days from the date of service of this order to file an amended 4 5 petition. 3. Failure to comply with this order will result in a recommendation that this action be 6 7 dismissed. Dated: November 20, 2019 8 9 10 11 12 13 14 15 16 DLB:12 17 DLB:1/Orders/Prisoner/Habeas/conn0638.am’d 18 19 20 21 22 23 24 25 26 27 28 2

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