Tauheed Carr v. The State of California

Filing 6

ORDER TO SHOW CAUSE RE DISMISSAL by Magistrate Judge Jacqueline Chooljian. IT IS HEREBY ORDERED that the petitioner shall show cause in writing, on or before October 9, 2013, why this action should not be dismissed based upon petitioner's failure to pay the filing fee, the deficiencies identified in the Petition in the August Order, petitioner's failure to prosecute, and/or petitioner's failure to comply with the August Order. (hr)

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

CV 13-5582 PSG(JC)

Title

Tauheed Carr v. The State of California

Present: The Honorable

Date

September 19, 2013

Jacqueline Chooljian, United States Magistrate Judge

Hana Rashad

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

none

none

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE RE DISMISSAL

On August 2, 2013, petitioner Tauheed Carr (“petitioner”), an inmate who is proceeding pro se,
filed a Petition for Writ of Habeas Corpus (“Petition”) challenging a conviction in Los Angeles County
Superior Court. Petitioner did not sign/verify the Petition and neither paid the $5 filing fee nor
submitted a request to proceed in forma pauperis (“IFP application”)
On August 15, 2013, this Court issued an order (1) directing petitioner to pay the filing fee or to
file an IFP application by not later than September 4, 2013; and (2) advised petitioner of multiple
deficiencies in the Petition (i.e., that it failed to name a proper respondent and was not signed/verified as
required) and granted him leave to file a first amended petition for writ of habeas corpus curing such
deficiencies by not later than September 4, 2013 (“August Order”). The August Order expressly
cautioned petitioner that the failure timely to submit the filing fee/IFP application may result in the
dismissal of this action. The August Order also expressly advised petitioner that the failure timely to file
a verified first amended petition for writ of habeas corpus may result in the dismissal of this action based
upon the deficiencies in the Petition identified in the August Order, petitioner’s failure to prosecute
and/or petitioner’s failure to comply with the August Order. To date, although the September 4, 2013
deadline has expired, petitioner has failed to pay the filing fee or to file an IFP application, has failed to
file a first amended petition for writ of habeas corpus, and has not sought an extension of time to do so.
In light of the foregoing, IT IS HEREBY ORDERED that the petitioner shall show cause in
writing, on or before October 9, 2013, why this action should not be dismissed based upon petitioner’s
failure to pay the filing fee, the deficiencies identified in the Petition in the August Order, petitioner’s
failure to prosecute, and/or petitioner’s failure to comply with the August Order.
Petitioner is cautioned that the failure to comply with this order and/or to show good cause, will
result in the dismissal of this action based upon petitioner’s failure to pay the filing fee, the deficiencies
identified in the Petition in the August Order, petitioner’s failure to prosecute, and/or petitioner’s failure
to comply with the August Order and this order.
IT IS SO ORDERED.
CV-90 (06/04)

Initials of Deputy Clerk: hr
CIVIL MINUTES - GENERAL

Page 1 of 1