Erick Fuentes v. Martin Biter

Filing 29

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Petitioner was obligated to file a status report on July 21, 2014 (Docket Entry No. 28 ). To date, Petitioner has failed to file his most recent status report. Accordingly, Petitioner is ORDERED TO SHOW CAUSE as to why this Court should not dismiss the action with prejudice for failure to prosecute and obey court orders. Petitioner shall file a response or status report no later than August 18, 2014. (afe)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV11-9241-GHK (AS)

Title

Erick Fuentes v. Martin Biter

Present: The Honorable

Date

August 4, 2014

Alka Sagar, United States Magistrate Judge

Alma Felix

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

N/A

N/A

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

On November 7, 2011, Petitioner Erick Fuentes (“Petitioner”), a California state prisoner who is
represented by counsel, filed a Petition for Writ of Habeas Corpus by a Person in State Custody, pursuant
to 28 U.S.C. § 2254 (Docket Entry Nos. 1, 2). The Petition asserted seventeen grounds for habeas relief.
(See Pet. 5.) On January 23, 2012, the Court stayed this action pending the exhaustion of Grounds One
through Eight, pursuant to Kelly v. Small, 315 F.3d 1063, 1070 (9th Cir. 2003), overruled on other grounds
by Robbins v. Carey, 481 F.3d 1143, 1149 (9th Cir. 2007), and deleted those unexhausted claims from the
Petition (Docket Entry No. 12). On September 10, 2013, the Court ordered Petitioner to file status reports
regarding the pending state habeas proceedings every sixty days (Docket Entry No. 23).
Pursuant to that Order, Petitioner was obligated to file a status report on July 21, 2014 (Docket
Entry No. 28). To date, Petitioner has failed to file his most recent status report. Accordingly, Petitioner
is ORDERED TO SHOW CAUSE as to why this Court should not dismiss the action with prejudice for
failure to prosecute and obey court orders. See Fed. R. Civ. P. 41(b). In lieu of such a response, Petitioner
may file a status report that comports with this Court’s September 10, 2013 Order. Petitioner shall file a
response or status report no later than August 18, 2014. Petitioner is expressly warned that failure to
file a timely response or status report may result in a recommendation that this action be dismissed
with prejudice for failure to prosecute and for failure to obey court orders. See Fed. R. Civ. P. 41(b).
0
Initials of
Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

00

AF

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