Salvador Rios Romo v. Dave Davey

Filing 22

ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Petitioner must file a response to this Order no later than June 21, 2017. (See Order for complete details) (afe)

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

CV 16-07813-DOC (AS)

Title

Salvador Rios Romo v. Dave Davey, Warden

Present: The
Honorable

Date

June 1, 2017

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 October 20, 2016, Salvador Rios Romo (“Petitioner”) filed a Petition for Writ of
Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. (Docket Entry
No. 1).
On March 24, 2017, the Court issued an Order denying Petitioner’s motion for a stay
pursuant to Rhines v. Webber, 544 U.S. 269 (2005), but granting Petitioner’s alternative
motion for a stay pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2002). (Docket Entry
No. 21). Accordingly, the Court dismissed Petitioner’s unexhausted claims (Grounds One,
Three, Four and Five) and stayed his remaining exhausted claim (Ground Two) to permit
Petitioner to present the unexhausted claims to the California Supreme Court Id. at 3. The
Court ordered Petitioner to file a status report, no later than May 16, 2017, addressing the
status of Petitioner’s state habeas petition, including the date it was filed, the court in which
it is pending, the case number, and any recent activity. Id. The Court also directed Petitioner
to notify the Court within thirty (30) days of the California Supreme Court’s decision on a
habeas petition filed by Petitioner. Id. Petitioner was expressly warned that failure to
comply with the Court’s Order may result in a recommendation that this action be dismissed
with prejudice for his failure to prosecute and obey Court orders pursuant to Federal Rule
of Civil Procedure 41(b). Id. at 4.
To date, Petitioner has failed to file a status report informing the Court of the status
of his state habeas petition, in non-compliance with the Court’s March 24, 2017 Order.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE why the Court should not
CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

CV 16-07813-DOC (AS)

Date

Title

June 1, 2017

Salvador Rios Romo v. Dave Davey, Warden

dismiss this action for failure to prosecute and/or obey a Court order. Petitioner must file
a response to this Order no later than June 21, 2017. Any response to this Order must
include the following information: the status of Petitioner’s state habeas petition, including
the date it was filed, the court in which it is pending, the case number and any recent activity.

Petitioner is expressly warned that failure to file a timely response to this Order
will result in a recommendation that this action be dismissed with prejudice for his
failure to prosecute and/or comply with Court orders. See Fed. R. Civ. P. 41(b); Rule
12, Rules Governing Section 2254 Cases in the United States District Courts.

Initials of
Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

AF

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