Miguel Angel Sanchez v. Unknown

Filing 13

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 8/24/2017. Petitioner shall filed either a First Amended Petition or a signed application for enlargement of time. If Petitioner does not wish to proceed with this action, he may file a signed Notice of Voluntary Dismissal. (rh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 17-3089-JFW (KS)
Title

Date: August 3, 2017

Miguel Angel Sanchez v. Unknown

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Roxanne Horan-Walker
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On April 6, 2017, Petitioner, a California state prisoner proceeding pro se and in forma
pauperis, filed a Petition for Writ of Habeas Corpus (the “Petition”) pursuant to 28 U.S.C. §
2254. (Dkt. No. 1.) On April 20, 2017, the matter was transferred to this District (Dkt. No. 4),
and on May 3, 2017, the Court ordered Petitioner to show cause no later than June 2, 2017 why
the action should not be dismissed due to multiple defects in the Petition (Dkt. No. 7).
Specifically, the Court ordered Petitioner to file a First Amended Petition in which he: identifies
a respondent; clearly states Petitioner’s grounds for relief with supporting factual allegations;
presents claims that challenge the constitutionality of his conviction or sentence, as opposed to
claims arising solely under state law and/or attacking the conditions of his confinement; and
indicates whether his claims have been exhausted in the state courts. (Id.) The Court warned
Petitioner that his failure to timely comply with the May 3, 2017 Order to Show Cause could
result in dismissal. (Id.)
On June 8, 2017, Petitioner requested an extension of time to file a First Amended
Petition (Dkt. No. 9), which the Court granted on June 12, 2017 (Dkt. No. 10). The Court
ordered Petitioner to file a First Amended Petition no later than July 2, 2017. (Dkt. No. 10.)
On July 12, 2017, the Court received a letter from Petitioner indicating that he had been
unable to mail the documents by the July 2, 2017 deadline but that he would put them in the mail
on July 9, 2017. (Dkt. No. 12.)
More than a month has now passed since Petitioner’s First Amended Petition was due
and nearly four weeks have passed since the date on which Petitioner assured the Court that he

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 17-3089-JFW (KS)
Title

Date: August 3, 2017

Miguel Angel Sanchez v. Unknown

would place the First Amended Petition in the mail. However, Petitioner has not filed a First
Amended Petition. Accordingly, the action is now subject to dismissal under Rule 41(b) of the
Federal Rules of Civil Procedure. Nevertheless, in the interests of justice, Petitioner shall
receive one final opportunity to file a First Amended Petition. Accordingly, IT IS HEREBY
ORDERED that, no later than August 24, 2017, Petitioner shall file either:
(1) a First Amended Petition that complies with the Court’s May 3, 2017 Order; or
(2) a signed application for an enlargement of time and competent evidence, such as a
declaration signed under penalty of perjury, demonstrating good cause for such an
extension
Alternatively, if Petitioner does not wish to proceed with this action at this time, he may
file a signed document entitled “Notice Of Voluntary Dismissal” and the action will be dismissed
without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.
Petitioner is advised that his failure to timely comply with this Order will result in a
recommendation to dismiss this case for failure to prosecute and comply with court orders
pursuant to Rule 41(b) of the Federal Rules of Civil Procedure and Local Rule 41-1.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

rhw

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