Jesse Max Roman v. Plumley
Filing
27
(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Autumn D. Spaeth: Petitioner is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed for the reasons stated in the Motion to Dismiss, failure to prosecute this Petition, and/or mootness, by no later than October 23, 2019. (Attachments: # 1 Blank Dismissal) (kh)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 2:18-04766 PA (ADS)
Date: October 8, 2019
Title: Jesse Max Roman v. Warden Plumley
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
Kristee Hopkins
Deputy Clerk
None Reported
Court Reporter / Recorder
Attorney(s) Present for Petitioner(s):
None Present
Attorney(s) Present for Respondent(s):
None Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On May 30, 2018, Petitioner Jesse Roman filed a Petition for Writ of Habeas
Corpus by a Person in Federal Custody. [Dkt. No. 1]. On August 8, 2019, Respondent
filed a Motion to Dismiss arguing, among other things, that the Petition fails to plead a
cognizable habeas claim. [Dkt. No. 22].
In the Court’s May 9, 2019 Order Requiring Response to Petition, Petitioner was
given twenty (20) days to file an Opposition, if any, to the Motion to Dismiss. [Dkt.
No. 13, p. 3]. As of the date of this Order, Petitioner has not filed an Opposition to the
Motion to Dismiss.
Moreover, the record reflects Petitioner was released from custody on July 12,
2019 and placed under supervision, [Dkt. No. 22-2], thereby potentially making the
Petition moot because the Court can no longer grant the relief requested.
In the interests of justice, Petitioner is ORDERED TO SHOW CAUSE in
writing why this action should not be dismissed for the reasons stated in the Motion to
Dismiss, failure to prosecute this Petition, and/or mootness, by no later than
October 23, 2019.
Petitioner may also request a voluntary dismissal of this action pursuant to
Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to attach a Notice
of Dismissal Form (CV-009) to this Order for Petitioner’s convenience.
CV-90 (03/15) – KL
Civil Minutes – General
Page 1 of 2
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 2:18-04766 PA (ADS)
Date: October 8, 2019
Title: Jesse Max Roman v. Warden Plumley
Petitioner is cautioned that failure to timely file a response will result
in a recommendation that this action be dismissed pursuant to Federal
Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
Initials of Clerk kh
CV-90 (03/15) – KL
Civil Minutes – General
Page 2 of 2
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