Lavontahe Brown v. M. Biter

Filing 27

Order to Show Cause Why Kelly Stay Should Not Be Vacated For Failure to File a Status Report by Magistrate Judge Kenly Kiya Kato. Response to Order to Show Cause due by 6/9/2017. (SEE ORDER FOR DETAILS) (dts)

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

CV 14-3934-MMM (KK)

Date: May 19, 2017

Title: Lavontahe Brown v. M. Biter

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order to Show Cause Why Kelly Stay Should Not Be Vacated For Failure
to File a Status Report

On October 27, 2014, the Court issued an Order granting Petitioner’s request for a Kelly
stay. ECF Docket No. (“dkt.”) 13. On January 31, 2017, the Court issued an Order vacating a
prior order to show cause why the Kelly stay should not be vacated for failure to file a status
report and requiring Petitioner to file a status report by May 1, 2017 and every 90 days thereafter.
In the status report, Petitioner was to address the status of Petitioner’s exhaustion efforts in state
court. See id. Petitioner was expressly warned that if he failed to act diligently in seeking to
exhaust his state court remedies or to file the required status reports, “the Court may vacate the
stay and prohibit Petitioner from raising any new claims in this action.” Id.
Over two weeks have passed since the May 1, 2017 deadline, and Petitioner has failed to
file a status report. Nor has Petitioner made any other communication with the Court. Petitioner
is therefore in violation of the Court’s January 31, 2017 Order. As such, Petitioner is
ORDERED TO SHOW CAUSE by June 9, 2017 as to why the Kelly stay should not be vacated
and why Petitioner should not be prohibited from raising new claims in this action, for failure to
comply with the Court’s Order to file a status report. Petitioner may discharge this Order to
Show Cause by filing the required status report by June 9, 2017.
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Petitioner is expressly warned that failure to timely file a response to this Order will
result in this action being dismissed with prejudice for his failure to comply with Court
orders and failure to prosecute. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.

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