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)

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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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