Jesse Candelario Galvan v. Raymond Madden

Filing 9

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 10/20/2017. To discharge the order one of the following must be filed: 1) a status report, or 2) a request for 30-day extension of time. Failure to comply with this order may result in a recommendation of dismissal. (rh)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 17-4300-JLS (KS)
Title

Date: October 30, 2017

Jesse C. Galvan 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 Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On June 9, 2017, Petitioner, a California state prisoner proceeding pro se, filed a totally
unexhausted Petition for Writ of Habeas Corpus (the “Petition”) (Dkt. No. 1) and a Motion for a
Stay and Abeyance (the “Stay Motion”) (Dkt. No. 3). On June 14, 2017, the Court granted
Petitioner’s Stay Motion pursuant to Rhines v. Weber, 544 U.S. 269, 278 (2005) and ordered
Petitioner to, within 60 days, file a habeas petition in the California Supreme Court and a Status
Report in this Court. (Dkt. No. 5.)
Petitioner did not do as instructed. Instead, on August 11, 2017, Petitioner filed a request
for an extension of time to file a state habeas petition in the California Supreme Court because a
state habeas petition he filed in the Los Angeles County Superior Court was still pending and not
yet fully briefed. (Dkt. No. 7.) Petitioner also indicated that he intended to appeal any denial of
this state petition to the California Court of Appeal before proceeding to the California Supreme
Court. (Id. at 3.)
On August 14, 2017, noting Petitioner’s failure to comply with the Court’s last order and
informing Petitioner that the California Supreme Court has original jurisdiction over state habeas
petitions, the Court granted Petitioner an extension of time – 60 days – to file a habeas petition in
the California Supreme Court and a Status Report in this Court. (Dkt. No. 8.) Accordingly,
Petitioner’s status report was due no later than October 13, 2017. More than two weeks have
now passed since Petitioner’s deadline for complying with the Court’s August 14, 2017 Order,
and Petitioner has neither filed a status report nor otherwise communicated with the Court about
his case. Accordingly, Petitioner is ORDERED TO SHOW CAUSE no later than November

CV-90 (03/15)

Civil Minutes – General

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 17-4300-JLS (KS)
Title

Date: October 30, 2017

Jesse C. Galvan v. Raymond Madden

20, 2017, why this case should not be dismissed for his failure to prosecute and comply with the
Court’s prior Order.
To discharge this Order and proceed with this action, Petitioner must file one of the
following on or before November 20, 2017:
(1) a status report that includes the case number for the habeas petition he filed in the
California Supreme Court; or
(2) a request for a 30-day extension of time and a sworn declaration (not to exceed 3
pages) presenting a plausible and coherent explanation, supported by competent
evidence whenever possible, for Petitioner’s repeated failure to timely comply with
this Court’s orders.
Due to Petitioner’s repeated noncompliance with this Court’s orders and the
extraordinary length of the extension of time he received in August, no extension of time
longer than 30 days will be granted.
If Petitioner no longer wishes to proceed with this case, he may file a document entitled
“Notice of Dismissal” in which he requests the voluntary dismissal of this action with no further
consequence.
Petitioner is expressly cautioned that his failure to timely respond to this order may
result in the Court vacating the stay nunc pro tunc and recommending dismissal of the
action based on Local Rule 41-1 and Rule 41 of the Federal Rules of Civil Procedure.

Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

:
rh

Page 2 of 2