John Paul McPherson v. Charles W. Callahan

Filing 12

ORDER TO SHOW CAUSE re No Response to Motion to Dismiss by Magistrate Judge Karen E. Scott. Response to Order to Show Cause due by 4/16/2018. (jdo)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 2:17-cv-08161-RGK-KES

Date: April 2, 2018

Title: JOHN PAUL McPHERSON v. WARDEN CHARLES W. CALLAHAN
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR
PLAINTIFF:
None Present

ATTORNEYS PRESENT FOR
DEFENDANT:
None Present

PROCEEDINGS (IN CHAMBERS):

Order to Show Cause re No Response to
Motion to Dismiss

On November 8, 2017, John Paul McPherson (“Petitioner”) filed a counseled petition for
writ of habeas corpus under 28 U.S.C. § 2254. (Dkt. 1 [“Petition”].) The Petition raises one
claim: that, by refusing to allow Petitioner to withdraw his plea, the trial court violated his Sixth
Amendment right to a trial and his right to present a newly-discovered legitimate defense which
was not apparent to him at the time of his no contest plea. (Id. ¶ 8(a).)
The Court ordered Respondent to file a response to the Petition (Dkt. 4), and on February
14, 2018, Respondent moved to dismiss the Petition as unexhausted (Dkt. 10; see also Dkt. 11
[notice of lodging relevant state court documents]). Respondent contends that Petitioner failed to
alert the California Supreme Court to the federal nature of his claim. (Id. at 3.)
Pursuant to the Court’s order requiring a response to the Petition, Petitioner response to
the motion to dismiss was due within 20 days of service, i.e., by March 6, 2018. (Dkt. 4 ¶ 5.) As
of the date of this Order, the Court has not received a response from Petitioner.
IT IS HEREBY ORDERED that Petitioner’s deadline to file a response to the motion to
dismiss is hereby extended until April 16, 2018. Failure to file a response by that date may
result in the motion to dismiss being granted as unopposed, or in dismissal of the Petition
for lack of diligent prosecution.
Initials of Deputy Clerk JDs