Michael Allen France v. Michael Martell

Filing 8

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Petition Should Not Be Dismissed for Failure to Prosecute. Accordingly, within fourteen (14) days of the date of this Order, that is, byAugust 3, 2017, petitioner is ORDERED TO SHOW CAUSE, in writing (SEE ORDER FOR DETAILS). (kca)

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

CV 17-4079-JFW (SP)

Title

Michael Allen France v. Michael Martell, Warden

Present: The Honorable

Date

July 20, 2017

Sheri Pym, United States Magistrate Judge

Kimberly I. Carter

n/a

n/a

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

n/a

n/a

Proceedings:

(In Chambers) Order to Show Cause Why Petition Should Not Be
Dismissed for Failure to Prosecute

On June 1, 2017, petitioner Michael Allen France, a state prisoner proceeding pro
se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to
28 U.S.C. § 2254. On June 6, 2017, the court issued an Order Requiring Response to
Petition. In paragraph 12 of that Order, the court instructed petitioner: “Petitioner shall
immediately notify the court and counsel for respondent of any change of petitioner’s
address. If petitioner fails to keep the court informed of where petitioner may be
contacted, this action will be subject to dismissal for failure to prosecute. See Local Rule
41-6.” Local Rule 41-6, states as follows:
If mail directed by the Clerk to a pro se plaintiff’s address of record is returned
undelivered by the Postal Service, and if, within fifteen (15) days of the service
date, such plaintiff fails to notify, in writing, the Court and opposing parties of his
current address, the Court may dismiss the action with or without prejudice for
want of prosecution.”
On June 7, 2017, the court mailed its June 6, 2017 Order to petitioner at his
address of record, the California Health Care Facility in Stockton, California. That
mailing was returned to the court as undeliverable on July 11, 2017, with an indication
petitioner has been released from custody.
It therefore appears petitioner has failed to follow the court’s Order to immediately
notify the court of a change of address. Petitioner’s failure to comply with the court’s
Order, and failure to comply with Local Rule 41-6, renders this action subject to
dismissal for failure to comply with a court order and failure to prosecute.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

CV 17-4079-JFW (SP)

Date

Title

July 20, 2017

Michael Allen France v. Michael Martell, Warden

Accordingly, within fourteen (14) days of the date of this Order, that is, by
August 3, 2017, petitioner is ORDERED TO SHOW CAUSE, in writing, why this
action should not be dismissed for failure to prosecute and/or comply with a court order.
Petitioner may discharge this Order to Show Cause by filing, by that date, a Notice of
Change of Address with the court, showing petitioner’s correct address. Petitioner is
cautioned that his failure to timely file a response to this Order to Show Cause will be
deemed by the court as consent to the dismissal of this action without prejudice.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2