Reginald Holmes Jr. v. W.L. Montgomery

Filing 3

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: MIXED PETITION AND UNTIMELINESS by Magistrate Judge Steve Kim. Therefore, Petitioner is ORDERED TO SHOW CAUSE on or before April 13, 2018 why the Court should not dismiss the Petition as untimely and fo r failure to exhaust state court remedies as to each claim presented. To satisfy and discharge this Order to Show Cause, Petitioner must first show that his Petition is timely. If Petitioner can overcome this timeliness barrier, he may then eith er provide evidence that he has fully exhausted all claims or file an amended petition that deletes his unexhausted claims. An amended petition should be entitled First Amended Petition, contain only the exhausted claims, and be complete in itsel f without reference to the original petition. If Petitioner does not file a timely response to this Order to Show Cause, Petitioner is advised that the Court will recommend involuntary dismissal of the Petition for failure to prosecute and/or obe y court orders. See Fed. R. Civ. P 41(b); L.R. 41-1. If Petitioner no longer wishes to pursue this action or seeks to return to state court to fully exhaust within the time allowed by the statute of limitations, he may voluntarily dismiss the a ction without prejudice pursuant to Federal Rule of Civil Procedure 41(a) by filing a Notice of Dismissal. The Clerk is directed to provide Petitioner with a Notice of Voluntary Dismissal Form CV-009. (SEE ORDER FOR DETAILS). (Attachments: # 1 Notice of Dismissal CV-009) (clee)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Reginald Holmes, Jr., CASE NUMBER 2:18-cv-01881-R (SK) Plaintiff(s), v. W.L. Montgomery, Defendant(s). NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c) PLEASE TAKE NOTICE: (Check one) G This action is dismissed by the Plaintiff(s) in its entirety. G The Counterclaim brought by Claimant(s) dismissed by Claimant(s) in its entirety. is G The Cross-Claim brought by Claimants(s) dismissed by the Claimant(s) in its entirety. is G The Third-party Claim brought by Claimant(s) dismissed by the Claimant(s) in its entirety. is G ONLY Defendant(s) is/are dismissed from (check one) G Complaint, G Counterclaim, G Cross-claim, G Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c). Date Signature of Attorney/Party NOTE: F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive pleading or prior to the beginning of trial. CV-09 (03/10) NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 41(a) or (c)

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