(HC) Prince v. Ramsey, No. 2:2020cv01962 - Document 26 (E.D. Cal. 2021)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 7/26/2021 VACATING the 23 findings and recommendations issued on 6/29/2021, and GRANTING petitioner's 24 motion for extension of time. Petitioner has 30 days to inform the court how he intends to proceed, as discussed in the 4/19/2021 order. The Clerk shall re-serve petitioner with the 4/19/2021 order. (Yin, K) Modified on 7/26/2021 (Yin, K).

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(HC) Prince v. Ramsey Doc. 26 Case 2:20-cv-01962-TLN-KJN Document 26 Filed 07/26/21 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID SWANK PRINCE, 12 13 14 No. 2: 20-cv-1962 TLN KJN P Petitioner, v. ORDER MICHAEL RAMSEY, 15 Respondent. 16 17 Petitioner is proceeding without counsel with a petition for writ of habeas corpus pursuant 18 to 28 U.S.C. § 2254. For the reasons stated herein, the June 29, 2021 findings and 19 recommendations recommending that this action be dismissed for petitioner’s failure to prosecute 20 are vacated. 21 On April 19, 2021, the undersigned ordered petitioner to inform the court within thirty 22 days whether he intended to raise the claims raised in his pending state appeal in the instant 23 action. (ECF No. 21.) If petitioner intended to raise these unexhausted claims, the undersigned 24 ordered petitioner to file a motion to stay this action pending the exhaustion of these unexhausted 25 claims and, if appropriate, an amended petition. (Id.) Thirty days passed and petitioner did not 26 respond to the April 19, 2021 order. 27 Accordingly, on May 27, 2021, the undersigned ordered petitioner to show cause within 28 twenty-one days why this action should not be dismissed for his failure to prosecute. (ECF No. 1 Dockets.Justia.com Case 2:20-cv-01962-TLN-KJN Document 26 Filed 07/26/21 Page 2 of 2 1 22.) Twenty-one days passed and petitioner did not respond to the May 27, 2021 order. 2 Accordingly, on June 29, 2021, the undersigned recommended that this action be dismissed for 3 petitioner’s failure to prosecute. (ECF No. 23.) The findings and recommendations granted 4 petitioner fourteen days to file objections. (Id.) 5 Fourteen days passed and petitioner did not file objections to the June 29, 2021 findings 6 and recommendations. However, on July 21, 2021, petitioner filed a motion for an extension of 7 time. (ECF No. 24.) Petitioner alleges that he is homeless and moving almost daily. (Id.) 8 Petitioner alleges that he has general delivery and intends to meet court deadlines. (Id.) 9 Good cause appearing, the June 29, 2021 findings and recommendations are vacated. 10 Petitioner is granted thirty days from the date of this order to inform the court how he intends to 11 proceed and to file an amended petition, if appropriate, as discussed in the April 19, 2021 order. 12 Accordingly, IT IS HEREBY ORDERED that: 13 1. The June 29, 2021 findings and recommendations (ECF No. 23) are vacated; 14 2. Petitioner’s July 21, 2021 motion for an extension of time (ECF No. 24) is granted; 15 petitioner is granted thirty days from the date of this order to inform the court how he 16 intends to proceed, as discussed in the April 19, 2021 order; 17 3. 18 19 The Clerk of the Court is directed to re-serve petitioner with the April 19, 2021 order (ECF No. 21). Dated: July 26, 2021 20 21 22 23 Pr1962.vac 24 25 26 27 28 2

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