Randal Lee McKissick v. E. Valenzuela

Filing 9

ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Petitioner is ORDERED TO SHOW CAUSE within twenty-one (21) days of the date of this Order, or no later than May 1, 2015 why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (afe)

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

CV15-00465-SJO (AS)

Title

Randal Lee McKissick, Petitioner, v. E. Valenzuela, Warden, Respondent.

Present: The Honorable

Date

April 10, 2015

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 January 22, 2015, Petitioner Randal Lee McKissick (“Petitioner”) filed a Petition for Writ of
Habeas Corpus by a Person in State Custody (“Petition”), pursuant to 28 U.S.C. § 2254 (Docket Entry No.
1). On March 2, 2015, Respondent filed a Motion to Dismiss the Petition contending that the petition fails
to state a cognizable claim for federal habeas corpus relief. (“Motion”) (Docket Entry No. 7). On March
2, 2015, the Court issued an Order directing Petitioner to file an Opposition to the Motion to Dismiss no
later than April 1, 2015. As of today, however, Petitioner has failed to file an Opposition to the Motion to
Dismiss or request an extension of time in which to do so.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE within twenty-one (21) days of the date
of this Order, or no later than May 1, 2015 why this action should not be dismissed with prejudice for
failure to prosecute. Petitioner may discharge this Order by filing an Opposition to the Motion to Dismiss,
or by filing a declaration under penalty of perjury stating why he is unable to do so.
If Petitioner no longer wishes to pursue this action, he may request a voluntary dismissal of
this action pursuant to Federal Rule of Civil Procedure 41(a). A Notice of Dismissal form is attached
for Petitioner’s convenience. Petitioner is warned that failure to timely file a response to this Order
may result in a recommendation that this action be dismissed with prejudice for failure to prosecute
and obey court orders pursuant to Federal Rule of Civil Procedure 41(b).
The Clerk of the Court is directed to serve a copy of this Order upon Petitioner at his address of
record.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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