Muhammad Jalal-Deen Akbar v. United States of America, et al

Filing 13

ORDER TO SHOW CAUSE by Magistrate Judge Karen E. Scott. On or before June 30, 2017, Petitioner is hereby ordered to file his Second Amended Petition and updated IFP request form (or pay the $5.00 filing fee) or show cause why he failed to meet the prior May 30, 2017 deadline. (jdo)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:17-cv-01171-JGB (KES)

Date: June 14, 2017

Title: MUHAMMAD JALAL-DEEN AKBAR v. UNITED STATES OF AMERICA, et al.
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS):

Order to show cause why First Amended
Petition should not be dismissed for
failure to prosecute

On February 14, 2017, Petitioner filed a Petition for Writ of Habeas Corpus
by a Person in Federal Custody. (Dkt. 1.) On February 21, 2017, the Court
dismissed the Petition with leave to amend. (Dkt. 4.)
On April 3, 2017, Petitioner filed a First Amended Petition (“FAP”). (Dkt.
9.) On April 4, 2017, Petitioner filed a request to proceed in forma pauperis
(“IFP”). (Dkt. 10.) On April 28, 2017, the Court dismissed the FAP with leave to
amend, and denied Petitioner’s IFP request without prejudice because he did not
attach a Certificate of Authorized Funds and failed to demonstrate indigency. (Dkt.
11.) The Court instructed Petitioner to file a Second Amended Petition and an
updated IFP request (or pay the $5.00 filing fee) on or before May 30, 2017. (Id. at
3.) The Court cautioned Petitioner that his failure to timely file a Second Amended
Petition could result in a recommendation that the action be dismissed for failure to
prosecute. (Id.)
As of the date of this Order, Petitioner has failed to file a Second Amended
Petition or an updated IFP request form. On or before June 30, 2017, Petitioner is

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:17-cv-01171-JGB (KES)

Date: June 14, 2017
Page 2

hereby ordered to file his Second Amended Petition and updated IFP request form
(or pay the $5.00 filing fee) or show cause why he failed to meet the prior May 30,
2017 deadline. Petitioner is warned that his failure to comply with this deadline
will result in the dismissal of his lawsuit for lack of prosecution.

Initials of Deputy Clerk JD