Mark Vincent Straus v. Shawn Hatton

Filing 10

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. On May 8, 2017, Petitioner, a California state prisoner proceeding pro se, filed a Petition For Writ Of Habeas Corpus ("Petition") pursuant to 28 U.S. C. § 2254 challenging his 1998 conviction and sentence. (Dkt. No. 1.) Petitioner shall receive one final opportunity to file a First Amended Petition. Accordingly, IT IS HEREBY ORDERED that, no later than October 10, 2017, Petitioner shall fi le either: (1) a First Amended Petition that complies with the Court's May 16, 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.(SEE ORDER FOR FURTHER INFORMATION) (Attachments: # 1 Notice of Dismissal) (gr)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER

Plaintiff(s),

v.

Defendant(s).

NOTICE OF DISMISSAL PURSUANT
TO FEDERAL RULES OF CIVIL
PROCEDURE 41(a) or (c)

PLEASE TAKE NOTICE: (Check one)
G This action is dismissed by the Plaintiff(s) in its entirety.
G The Counterclaim brought by Claimant(s)
dismissed by Claimant(s) in its entirety.

is

G The Cross-Claim brought by Claimants(s)
dismissed by the Claimant(s) in its entirety.

is

G The Third-party Claim brought by Claimant(s)
dismissed by the Claimant(s) in its entirety.

is

G ONLY Defendant(s)
is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim
brought by

.

The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).

Date

Signature of Attorney/Party

NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for
summary judgment, whichever first occurs.
F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive
pleading or prior to the beginning of trial.

CV-09 (03/10)

NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)