Michael Ibarra v. Raymond Madden

Filing 34

ORDER TO SHOW CAUSE by Magistrate Judge Alexander F. MacKinnon. Response to Order to Show Cause due by 3/19/2016. (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MICHAEL IBARRA,

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Petitioner,

Case No. CV 15-8460 AG (AFM)
ORDER TO SHOW CAUSE

v.

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RAYMOND MADDEN, Warden,
Respondent.

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On October 29, 2015, petitioner filed (through counsel) a Petition for Writ of

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Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254.

On

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December 29, 2015, respondent filed a Motion to Dismiss the Petition on the basis

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that Ground Seven (ineffective assistance of counsel for failure to raise an Eighth

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Amendment objection during trial), was unexhausted.

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petitioner filed an Opposition.

On January 6, 2016,

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In the Motion to Dismiss, respondent contended that Ground Seven is

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unexhausted because it was not properly raised on every level of direct review,

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specifically, on appeal in the California Court of Appeal. Respondent’s motion,

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however, failed to account for (1) the petition for rehearing that petitioner had filed

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in the California Court of Appeal, and (2) the California Court of Appeal’s

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modified opinion issued on March 12, 2015.

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Accordingly, on February 19, 2016, the Court issued an order directing

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respondent, within 14 days of the date of the order, to lodge the documents

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referenced above and to file a statement as to whether it continued to be his

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position that Ground Seven is unexhausted. As of this date, more than 14 days

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later, respondent has only lodged the required documents. He has not filed the

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required statement as to whether it continues to be his position that Ground Seven is

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unexhausted.

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Accordingly, respondent is ORDERED TO SHOW CAUSE within ten (10)

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days of the date of this Order why the Court should not sanction him monetarily for

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his failure to comply with the Court’s order issued on February 19, 2016.

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Respondent may discharge this Order by filing, within (ten) 10 days of the date of

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this Order, a statement (with supporting legal authority) as to whether it continues

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to be his position that Ground Seven is unexhausted. Failure to timely comply with

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this Order will result in a further order requiring respondent’s counsel to appear

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before the Court in person and to show cause why monetary sanctions should not be

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imposed for violation of Court orders.

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DATED: 3/9/2016

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____________________________________
ALEXANDER F. MacKINNON
UNITED STATES MAGISTRATE JUDGE

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