Fahim Anthony Multani v. Patrick Covello

Filing 22

MINUTE ORDER by Magistrate Judge Charles F. Eick. As of the date of this Order, Petitioner has not informed this Court that the action is moot and has not filed any motion to lift the stay. Accordingly, Petitioner is ordered to show cause in writing , within 14 days of the date of this Order, why the Petition should not be dismissed for failure to prosecute and failure to obey a court order. Petitioner shall attempt to show such cause by filing a declaration or declarations, signed under penalty of perjury. Failure to file timely such a declaration or declarations may result in the dismissal of this action. (See document for further details) Response to Order to Show Cause due by 11/30/2022. (vmun)

Case 2:19-cv-07513-CJC-E Document 22 Filed 11/16/22 Page 1 of 2 Page ID #:1470

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

CV 19-7513-CJC(E)

Title

FAHIM ANTHONY MULTANI v. PATRICK COVELLO, WARDEN

Present: The Honorable

Date

November 16, 2022

Charles F. Eick, United States Magistrate Judge

Valencia Munroe

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

(IN CHAMBERS)

On December 5, 2019, the Court issued an “Order Granting Stay,” granting a stay of the Petition
pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir.), cert. denied, 548 U.S. 1042 (2003), overruled on other
grounds, Robbins v. Carey, 481 F.3d 1143 (9th Cir. 2007). The “Order Granting Stay” ordered Petitioner
to attempt promptly to exhaust state court remedies with respect to his unexhausted claims. The “Order
Granting Stay” further ordered Petitioner either to inform the Court promptly if a state court granted relief
which mooted this federal action or to file a motion to lift the stay and to amend the Petition within thirty
days of the exhaustion of Petitioner’s unexhausted claims.
As of October 23, 2020, Petitioner had not informed the Court that this action was moot and had not
filed any motion to lift the stay. Accordingly, on that date, the Court issued a Minute Order ordering
Petitioner to show cause why the Petition should not be dismissed for failure to prosecute and failure to obey
a court order. On November 23, 2020, Petitioner filed a “Response to Order to Show Cause, etc.,” indicating
that, on November 2, 2020, Petitioner had filed a habeas corpus petition in the California Court of Appeal,
in case number B308587, which was pending.
The Court takes judicial notice of the dockets of the California Court of Appeal and the California
Supreme Court.1 The Court of Appeal’s docket in case number BA308587 shows that, on October 8, 2021,
the court, inter alia, issued an order to show cause concerning certain of Petitioner’s claims and ordered the
Los Angeles County Superior Court to schedule a hearing, while denying the petition with respect to
Petitioner’s remaining claims. The California Supreme Court’s docket shows that Petitioner filed a habeas
corpus petition in that court on June 1, 2021, in case number S269055, which that Court denied on April 20,
2022.

1

CV-90 (06/04)

See Porter v. Ollison, 620 F.3d 952, 954-55 n.1 (9th Cir. 2020).
CIVIL MINUTES - GENERAL

Page 1 of 2

Case 2:19-cv-07513-CJC-E Document 22 Filed 11/16/22 Page 2 of 2 Page ID #:1471

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

CV 19-7513-CJC(E)

Date

November 16, 2022

Title

FAHIM ANTHONY MULTANI v. PATRICK COVELLO, WARDEN

As of the date of this Order, Petitioner has not informed this Court that the action is moot and has
not filed any motion to lift the stay.
Accordingly, Petitioner is ordered to show cause in writing, within fourteen (14) days of the date of
this Order, why the Petition should not be dismissed for failure to prosecute and failure to obey a court order.
Petitioner shall attempt to show such cause by filing a declaration or declarations, signed under penalty of
perjury. Failure to file timely such a declaration or declarations may result in the dismissal of this action.

cc:

Judge Carney
Petitioner
Counsel for Respondent

CV-90 (06/04)

Initials of Deputy Clerk VMUN

CIVIL MINUTES - GENERAL

Page 2 of 2