John Christopher Brown v. Josie Gastelo

Filing 20

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Douglas F. McCormick: Additionally, on or before twenty-one (21) days of the date of this order, Plaintiff is ORDERED to show good cause in writing why the Court should not recommend di smissal of this action without prejudice as mixed and for failure to prosecute. Alternatively, Petitioner may file with this Court a notice of election, stating either that he seeks a stay of his case to exhaust his fourth ground or that he voluntarily dismisses his fourth ground. (See document for details.) (es)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL warned that this Court will likely be foreclosed from ever considering Ground Four in a successive petition. The Court warned Petitioner that if Petitioner did nothing, the Court would recommend that the Petitioner be dismissed as mixed. See id. This case was then transferred to the undersigned magistrate judge. See Dkt. 19. Petitioner’s deadline has passed, but it appears that he may not have received the Court’s order. See Dkt. 17 (notice of change of address filed after Court issued order and asking Court for “next step in [his] proceedings”). The Clerk is directed to attach a copy of the Court’s July 9 order (Dkt. 16) to the copy of this minute orders served on Petitioner. Additionally, on or before twenty-one (21) days of the date of this order, Plaintiff is ORDERED to show good cause in writing why the Court should not recommend dismissal of this action without prejudice as mixed and for failure to prosecute. Alternatively, Petitioner may file with this Court a notice of election, stating either that he seeks a stay of his case to exhaust his fourth ground or that he voluntarily dismisses his fourth ground. Petitioner is expressly warned that his failure to timely comply with this Order may result in the Petition being dismissed for the reasons stated above and for failure to prosecute. CV-90 (12/02) CIVIL MINUTES-GENERAL Initials of Deputy Clerk: nb Page 2 of 2

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