Onza Murphy v. Raymond Madden

Filing 14

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 8/29/2017. Petitioner's response must include an opposition or a request for an extension to file the Opposition. Alternatively, petitioner may discharge this Order and dismiss the case by file a signed document entitled a "Notice of Voluntary Dismissal." (rh)

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

CV 17-3320-GW (KS)

Date: August 8, 2017

Onza Murphy v. Raymond Madden

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Roxanne Horan-Walker
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Petitioners:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL

On May 2, 2017, Petitioner, a California state prisoner proceeding pro se, filed a
Petition For Writ Of Habeas Corpus (“Petition”). (Dkt. No. 1.) On May 5, 2017, the
Court ordered Respondent to respond to the Petition and set deadlines for filing, inter
alia, a Motion to Dismiss and an Opposition to any Motion to Dismiss. (Dkt. No. 4.) On
June 22, 2017, Respondent filed a Motion to Dismiss (the “Motion”) on the grounds that
the Petition is untimely. (Dkt. No. 12.) Pursuant to the Court’s May 5, 2017 Order,
Petitioner’s Opposition to that Motion was due within 30 days of the service of the
Motion – that is, no later than July 22, 2017. (See Dkt. No. 4 at 3.)
Nevertheless, more than two weeks have now passed since the date on which
Petitioner’s opposition was due, and Petitioner has not filed a response to the Motion to
Dismiss. Local Rule 7-12 states that a party’s failure to file a required document such as
an opposition to a motion “may be deemed consent to the granting [ ] of the motion.”
Further, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, an action may be
subject to involuntary dismissal if a Petitioner “fails to prosecute or to comply with these
rules or a court order.” Thus, the Court could properly recommend dismissal of the
action for Petitioner’s failure to oppose the Motion To Dismiss and to timely comply with
the Court’s orders.
However, in the interests of justice, Petitioner is ORDERED TO SHOW CAUSE
on or before August 29, 2017 why the action should not be dismissed under Local Rule
7-12 and Rule 41(b) of the Federal Rules of Civil Procedure. Petitioner’s response to this

CV-90 (03/15)

Civil Minutes – General

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

CV 17-3320-GW (KS)

Date: August 8, 2017

Onza Murphy v. Raymond Madden

OSC must include either: (1) a complete and detailed opposition (in a manner fully
complying with the Local Rules) to the Motion to Dismiss; or (2) a request for an
extension to file the Opposition accompanied by a sworn declaration (not to exceed 3
pages) establishing good cause for Petitioner’s failure to timely respond to the Motion to
Dismiss.
Alternatively, Petitioner may discharge this Order and dismiss this case by filing a
signed document entitled a “Notice of Voluntary Dismissal” requesting the voluntary
dismissal of the action without prejudice pursuant to Rule 41(a)(1) of the Federal Rules
of Civil Procedure.
Petitioner is cautioned that his failure to timely comply with this order will
lead to a recommendation of dismissal based on Local Rule 7-12 and Rule 41 of the
Federal Rules of Civil Procedure.

:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

rhw

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