Daniel Grant Quick v. Scott Kernan

Filing 17

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. More than three weeks have now passed since the date on which Petitioner's change of address was due, and Petitioner has neither filed a change of address nor communicat ed with the Court about his case. Similarly, no counsel has filed a Notice of Appearance in this case. Petitioner is ORDERED TO SHOW CAUSE on or before April 5, 2018, why the Court should not recommend that this action be dismissed for failure to prosecute. (see order for further details) (Attachments: # 1 Notice of Dismissal Form) (hr)

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

CV 17-5553-KS

Date: March 6, 2018

Daniel Grant Quick v. Scott Kernan

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

Roxanne Horan-Walker
Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On July 27, 2017, Petitioner, a California state prisoner proceeding pro se and in forma
pauperis, filed a Petition for Writ of Habeas Corpus. (Dkt. No. 1.) On August 2, 2017, the
Court issued an Order Requiring Answer/Return to Petition specifically informing the parties of
their obligation to notify the Court of any change of address. (Dkt. No. 5.) On October 11,
2017, Respondent filed an Answer. (Dkt. No. 9.) On October 27, 2017, Petitioner filed a Denial
To The Answer. (Dkt. No. 12.) On January 22, 2018, Petitioner filed a Notice of Change of
Address in which he informed the Court he had been released from prison and provided an
address for someone whom Petitioner claimed was his attorney. (Dkt. No. 15.) On January 26,
2018, the Court issued a Minute Order requiring Petitioner to file a change of address in which
he provided his current address on or before February 10, 2018. (Dkt. No. 16.) The Court
further advised Petitioner that if he had obtained an attorney to represent him in this action, his
attorney must file a Notice of Appearance in this case on or before February 10, 2018 and
informed Petitioner the Court would presume he continued to represent himself until such Notice
of Appearance of counsel had been filed. (Id.)
More than three weeks have now passed since the date on which Petitioner’s change of
address was due, and Petitioner has neither filed a change of address nor communicated with the
Court about his case. Similarly, no counsel has filed a Notice of Appearance in this case.
Pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, an action may be subject
to involuntary dismissal if the party bringing the suit “fails to prosecute or to comply with these
rules or a court order.” Accordingly, the Court could properly recommend dismissal of the

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 17-5553-KS

Date: March 6, 2018

Daniel Grant Quick v. Scott Kernan

action for Petitioner’s failure to prosecute and timely comply with the Court’s August 2, 2017
Case Management Order.
However, in the interests of justice, Petitioner is ORDERED TO SHOW CAUSE on or
before April 5, 2018, why the Court should not recommend that this action be dismissed for
failure to prosecute. Petitioner may discharge this Order by filing a change of address that
provides his address along with a declaration signed under penalty of perjury that establishes
good cause for his failure to comply with the Court’s August 2, 2017 Order. Alternatively,
Petitioner may dismiss the entire matter without prejudice by filing a Notice of Voluntary
Dismissal pursuant to Rule 41(a)(2) 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 pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure.

IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

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