Jose Rosas v. Dean Borders

Filing 5

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED by Magistrate Judge Alka Sagar. Petitioner is ORDERED TO SHOW CAUSE, within thirty (30) days of the date of this Order, or by no later than April 17, 2017 why this action should not be dismissed for his failure to comply with Court orders and/or for his failure to prosecute pursuant to Fed.R.Civ.P. 41(b). (See Order for complete details) (Attachments: # 1 Notice of Dismissal (Blank)) (afe)

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

CV 17-00665-JAK (AS)

Title

Jose Rosas v. Dean Borders

Present: The
Honorable

Date

March 17, 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 WHY THIS ACTION
SHOULD NOT BE DISMISSED

On or about December 5, 2016, Petitioner Jose Roas filed a Petition for Writ of
Habeas Corpus (“Petition”) in the Ninth Circuit Court of Appeals. (Docket Entry No. 1).
The Petition was transferred to the United States District Court for the Central District of
California on January 27, 2017. (Docket Entry No. 2). On February 1, 2017, the Court
issued an Order directing Petitioner to file, by no later than later than March 3, 2017, a First
Amended Petition on the Central District of California form setting forth “clearly each claim
which Petitioner intends to raise in this proceeding and the factual bases for each claim.”
(Docket Entry No. 7).
The Court’s February 1, 2017 Order stated the following: “ Petitioner is advised that
his failure to comply with the above requirements may result in a recommendation that this
action be dismissed for failure to comply with the Court’s Order and/or for failure to
prosecute pursuant to Fed.R.Civ.P. 41(b).” Id. at 2 (citing to Pagtalunan v. Golaza, 291 F.3d
639 (9th Cir. 2002)).
As of today, however, Petitioner has failed to respond to the Court’s February 1, 2017
Order.
Therefore, Petitioner is ORDERED TO SHOW CAUSE, within thirty (30) days of
the date of this Order, or by no later than April 17, 2017 why this action should not be

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

CV 17-00665-JAK (AS)

Date

Title

March 17, 2017

Jose Rosas v. Dean Borders

dismissed for his failure to comply with Court orders and/or for his failure to prosecute
pursuant to Fed.R.Civ.P. 41(b). Petitioner may discharge this Order by filing a First
Amended Petition that complies with the Court’s February 1, 2017 Order or a statement
setting forth why he is unable to do so. A copy of the Court’s February 1, 2017 Order is
attached.
Petitioner may also 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. However, Petitioner is advised that any dismissed claims may be later subject
to the statute of limitations under 28 U.S.C. § 2244(d)(1), as amended by AEDPA, which
provides that “[a] 1-year period of limitation shall apply to an application for a writ of habeas
corpus by a person in custody pursuant to the judgment of a State Court.”
Petitioner is expressly warned that the failure to file a timely file a response to
this Order will result in a recommendation that this action be dismissed with prejudice
for his failure to comply with Court orders and/or for his failure to prosecute. See
Fed.R. Civ. P. 41(b).

0
Initials of Preparer

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AF

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