Terrance Bell v. W. L. Montgomery

Filing 12

ORDER TO SHOW CAUSE by Magistrate Judge Alexander F. MacKinnon. More than twenty-one days have elapsed since the service of the Order on petitioner. As of this date, petitioner has not filed a status report or otherwise communicated with the Cour t. Accordingly, petitioner is ORDERED TO SHOW CAUSE within twenty-one (21) days of the date of this Order why the Court should not dismiss his Petition without prejudice for failure to prosecute. Petitioner may discharge this Order by filing, within twenty-one (21) days of the date of this Order, a status report as required by the Court in its order issued on April 18, 2017. (See document for further details.) (sbou)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TERRANCE BELL,

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Petitioner,

Case No. CV 16-09212 JAK (AFM)
ORDER TO SHOW CAUSE

v.

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W.L. MONTGOMERY,
Respondent.

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On December 7, 2016, petitioner constructively filed a Petition for Writ of

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

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Petition raised two broad claims of ineffective assistance of counsel, both of which

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are unexhausted. Concurrently, petitioner filed a motion for stay and abeyance

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under Rhines v. Weber, 544 U.S. 269 (2005).

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On April 18, 2017, the Court granted petitioner’s motion for a Rhines stay.

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The Court also ordered petitioner to file a status report within twenty-one (21) days

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about the progress of his habeas petitions in the California Court of Appeal and/or

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the California Supreme Court.

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More than twenty-one days have elapsed since the service of the Order on

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petitioner. As of this date, petitioner has not filed a status report or otherwise

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communicated with the Court.

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Accordingly, petitioner is ORDERED TO SHOW CAUSE within twenty-

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one (21) days of the date of this Order why the Court should not dismiss his

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Petition without prejudice for failure to prosecute. Petitioner may discharge this

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Order by filing, within twenty-one (21) days of the date of this Order, a status

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report as required by the Court in its order issued on April 18, 2017.

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Petitioner’s failure to timely comply with this Order will result in a

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recommendation that this action be dismissed without prejudice for failure to

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prosecute.

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DATED: May 26, 2017

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____________________________________
ALEXANDER F. MacKINNON
UNITED STATES MAGISTRATE JUDGE

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