Antonio Zavala v. Amy Miller

Filing 22

ORDER TO SHOW CAUSE by Magistrate Judge Michael R. Wilner. IT IS ORDERED that Petitioner must file a statement with the Court by or before January 17, 2014, in which Petitioner identifies the case name, court name, and court file number of the habeas action he filed after the entry of the stay in the federal case. (See Minute Order for further details) (vm)

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

CV 13-2341 PA (MRW)

Title

Zavala v. Miller

Present: The
Honorable

Date

December 30, 2013

Michael R. Wilner
Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

The Court previously ordered Petitioner to provide the Court with the case name and
number of his ongoing state habeas action. (Docket # 15, 17, 20.) In his most recent status
report, Petitioner claims that he has a habeas action pending in some state court. (Docket # 21.)
However, Petitioner provided none of the detailed information that the Court required. Further,
a review of the state supreme court’s online docket revealed no pending case in Petitioner’s
name.
The Court originally stayed this federal action – and delayed action on the Attorney
General’s dismissal motion – based on Petitioner’s assertion in June 2013 that he was properly
pursuing relief in the state court system. To date, Petitioner has failed to provide the minimal
information that the Court needs to maintain the stay. Further, Petitioner’s inability to follow the
Court’s basic directives gives the Court considerable doubt about his sincerity in abiding by
future court orders or to properly prosecute this action.
Therefore, IT IS ORDERED that Petitioner must file a statement with the Court by or
before January 17, 2014, in which Petitioner identifies the case name, court name, and court file
number of the habeas action he filed after the entry of the stay in the federal case. Failure to file
this report will lead the Court to recommend dismissal of the federal action on the merits of the
Attorney General’s dismissal motion and for failure to prosecute and obey Court orders pursuant
to Federal Rule of Civil Procedure 41(b). In light of Petitioner’s previous responses to this
Court’s orders, no extensions of time will be considered.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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