Timothy Jeroge Johnson v. D. Asuncion

Filing 7

ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. Response to Order to Show Cause due by 11/29/2017. To discharge this Order and proceed with this action, Petitioner must file one of the following: (1) a signed and dated docum ent entitled Verification Page for the Petition; or (2) a signed and dated First Amended Petition that supersedes the Petition filed on September 7, 2017. Petitioner may file a document entitled Notice of Dismissal in which he requests the voluntary dismissal of this action. Failure to comply may result in a recommendation to dismiss the action. (rh) (Additional attachment(s) added on 11/8/2017: # 1 Blank HC Petition) (rh).

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

CV 17-6567-MWF (KS)

Title

Timothy Jeroge Johnson v. D. Asuncion

Present: The Honorable:

Date: November 8, 2017

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 September 7, 2017, Petitioner, a California state prisoner proceeding pro se, filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (the “Petition”). (Dkt. No. 1.)
On September 22, 2017, noting that the Petition was neither signed nor verified, the Court
ordered Petitioner to, inter alia, “file and serve a signed verification to the Petition” no later than
October 23, 2017. (Dkt. No. 4.) More than two weeks have now passed since Petitioner’s
deadline for filing the signed verification to the Petition and the Court has not received a signed
verification of the Petition. Accordingly, Petitioner is ORDERED TO SHOW CAUSE no later
than November 29, 2017, why this case should not be dismissed for Petitioner’s 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 the November 29, 2017:
(1) a signed and dated document entitled “Verification Page for the Petition” in which
Petitioner states “I declare under penalty of perjury that the statements made in the
Petition for Writ of Habeas Corpus that I filed in the Central District of California on
September 7, 2017 in case number CV 17-6567-MWF (KS) are true and correct”; or
(2) a signed and dated First Amended Petition that supersedes the Petition filed on
September 7, 2017. 1

1

If Petitioner chooses to file a First Amended Petition, any claims not presented therein will be deemed
abandoned – even if they were included in the original petition.

CV-90 (03/15)

Civil Minutes – General

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

CV 17-6567-MWF (KS)

Date: November 8, 2017

Title

Timothy Jeroge Johnson v. D. Asuncion

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 recommending dismissal of the action based on Local Rule 41-1 and
Rule 41 of the Federal Rules of Civil Procedure.
The Clerk is directed to send Petitioner Form CV-69, the Central District’s form habeas
petition for state prisoners.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

rhw

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