Shaman Haycraft v. The People of the State of California

Filing 4

MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Margaret A. Nagle Re Order To Show Cause Re: Dismissal. Response to Order to Show Cause due by 6/20/2014. (ec)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.: CV 14-2718-DOC (MAN)

Date: May 29, 2014

Title: Shaman Haycraft v. The People of the State of California
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DOCKET ENTRY:

ORDER TO SHOW CAUSE RE: DISMISSAL

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PRESENT:
Hon. Margaret A. Nagle
Earlene Carson
Deputy Clerk
ATTORNEYS PRESENT FOR PETITIONER:

N/A

, United States Magistrate Judge
N/A
Court Reporter/Tape No.
ATTORNEYS PRESENT FOR RESPONDENTS:

N/A

PROCEEDINGS (In Chambers):

On April 14, 2014, the Court issued an Order in which it advised Petitioner that the habeas petition
filed in this case on April 9, 2014, is “mixed,” because it contains an unexhausted claim (Ground
Five). In the April 14 Order, the Court advised Petitioner that a “mixed” petition is required to be
dismissed unless a petitioner exercises one of the four options available to him, and the Court
advised Petitioner of those four options in detail. The Court directed Petitioner to select one of
those four options by no later than May 14, 2014, and expressly cautioned him as follows:
Petitioner is cautioned that a failure to respond to this Order by May 14, 2014,
will be deemed to constitute an exercise of Option One [allowing the Petition to
be dismissed without prejudice on the basis that it is “mixed”], and the Court will
forward the case to the United States District Judge with a recommendation that
this action be dismissed without prejudice.
It is now 15 days past the due date for Petitioner’s response to the April 14 Order, and Petitioner
has neither filed the required response/election of option nor otherwise communicated with the
Court. The Court, therefore, assumes, that Petitioner wishes to have this action dismissed without
prejudice. In the event that is not Petitioner’s wish, the Court will afford him a final chance to
advise the Court how he wishes to proceed.

MINUTES FORM 11
CIVIL - GEN

Initials of Deputy Clerk _efc____

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL
Case No. CV 14-2718-DOC (MAN)

Date: May 29, 2014

Accordingly, Petitioner is ORDERED TO SHOW CAUSE why this action should not be dismissed,
without prejudice, on the ground that the Petition is “mixed.” By no later than June 20, 2014,
Petitioner must file with the Court a response to this Order To Show Cause in which he shall advise
the Court how he intends to proceed, i.e., whether he wishes to have this action dismissed without
prejudice pursuant to Option One in the April 14 Order, or whether he wishes to exercise one of
the other three Options set forth in the April 14 Order.
Petitioner is cautioned that a failure to timely respond to this Order To Show
Cause shall be deemed to constitute confirmation that he wishes to exercise
Option One and to have this action dismissed, without prejudice, due to the
“mixed” nature of the Petition. In that event, the Court will promptly forward
this case to the United States District Judge for dismissal.
IT IS SO ORDERED.

MINUTES FORM 11
CIVIL - GEN

Initials of Deputy Clerk _efc____