Derez Darnell Ysaguirre v. W. L. Montgomery

Filing 21

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Judge Steve Kim. Petitioner is ORDERED TO SHOW CAUSE on or before June 21, 2016 why Respondent's motion should not be granted and this action dismissed. Petitioner may discharge this order by fil ing an opposition to the motion to dismiss. If Petitioner files an opposition on or before June 21, 2016, Respondent may file an optional reply on or before June 28, 2016, at which time the matter will be taken under submission. Petitioner is advised that the failure to file a timely response to this order will result in a recommendation that this action be dismissed for failure to comply with a court order and failure to prosecute. If Petitioner no longer wishes to pursue this action, Petitioner may voluntarily dismiss the action pursuant to Federal Rule of Civil Procedure 41(a). (Attachments: # 1 Voluntary Dismissal) (mkr)

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

15-CV-8947 MWF (SK)

Title

Derez Darnell Ysaguirre v. W.L. Montgomery

Present: The Honorable

Date

June 7, 2016

Steve Kim

Marc Krause

n/a

Deputy Clerk

Court Smart / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

None present

None present

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

On March 17, 2016, Respondent filed a notice of motion and motion to dismiss for
failure to exhaust habeas claims in state court. (Dkt. 16). Pursuant to the Order Governing
Proceedings, any opposition was due on April 17, 2016. (Dkt 6). As of the date of this order,
Petitioner has not filed an opposition. “The failure to file any required document, or the failure
to file it within the deadline, may be deemed consent to the granting or denial of the motion.”
L.R. 7-12.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE on or before June 21, 2016
why Respondent’s motion should not be granted and this action dismissed. Petitioner may
discharge this order by filing an opposition to the motion to dismiss. If Petitioner files an
opposition on or before June 21, 2016, Respondent may file an optional reply on or before June
28, 2016, at which time the matter will be taken under submission.
Petitioner is advised that the failure to file a timely response to this order will result
in a recommendation that this action be dismissed for failure to comply with a court order
and failure to prosecute. Fed. R. Civ. P. 41(b); L.R. 41-1. If Petitioner no longer wishes to
pursue this action, Petitioner may voluntarily dismiss the action pursuant to Federal Rule of
Civil Procedure 41(a) by filing a “Notice of Dismissal,” attached. The Clerk is directed to
provide Petitioner with a Notice of Dismissal Form (CV-009).

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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