Cooper

Opinion

1 2 3 6 7 MICHAEL COOPER, Case No. 20-cv-01593-JST 8 Petitioner, ORDER OF DISMISSAL 9 Vv. 10 RAYBON JOHNSON, Warden ll Respondent. a 12

13 Petitioner, a state prisoner incarcerated at Lancaster State Prison,! filed a pro se petition for

v 14 a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 14, 2020, the Court ordered © 15 Petitioner to show cause, by November 13, 2020, why the petition should not be dismissed for A 16 failure to state a cognizable claim for federal habeas relief. ECF No. 7. The deadline to answer

3 17 the Order to Show Cause has passed, and Petitioner has not filed an answer or otherwise

Z, 18 |} communicated with the Court. The Court therefore DISMISSES this action without prejudice for 19 failure to prosecute pursuant to Fed. R. Civ. P. 41(b). See Martinez v. Johnson, 104 F.3d 769, 772 20 Oth Cir. 1997) (Rule 41(b) applicable in habeas cases). Any request to reopen this case must be 21 accompanied by an answer to the Court’s September 14, 2020 Order to Show Cause. % 23 Dated: November 30, 2020 es 24 JON S. TIGAI 25 United States District Judge 26 07 ' Petitioner failed to name a respondent in this action. In accordance with Rule 2(a) of the Rules Governing Habeas Corpus Cases Under Section 2254, the Clerk of the Court is directed to list 28 Warden Raybon Johnson, the current warden of Lancaster State Prison, as respondent because Warden Johnson is Petitioner’s current custodian.