Tyshaun Andrew Jackson v. Warren L. Montgomery
Filing
35
MINUTE (IN CHAMBERS) Order to Show Cause Why Rhines Stay Should Not Be Vacated by Magistrate Judge Gail J. Standish. Petitioner is ORDERED TO SHOW CAUSE why the Rhines stay in this case should not be vacated nunc pro tunc. By no later than February 18, 2025, Petitioner shall file a Response to this Order To Show Cause explaining why the Rhines stay should continue. [See document for further details.] (san)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case
No.
2:20-cv-04461-MCS (GJS)
Title
Tyshaun Andrew Jackson v. Warren L. Montgomery
Present:
Date
January 28, 2025
Hon. Gail J. Standish, United States Magistrate Judge
N. Estrada
N/A
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Petitioner:
Attorneys Present for Respondent:
None present
None present
Proceedings:
(IN CHAMBERS) Order to Show Cause Why Rhines Stay Should
Not Be Vacated
On June 18, 2020, at Petitioner’s request, the Court issued an Order granting a
Rhines1 stay in this case [Dkt. 7, “Stay Order”]. The Stay Order provided that, “[w]ithin
45 days of this Order and every 60 days thereafter, Petitioner must file a brief Status
Report, in which he advises the Court of the status of his state habeas proceeding(s).”
The Stay Order also provided that “Petitioner is cautioned that the failure to comply with
these requirements may result in the Court ordering the stay to be vacated nunc pro tunc.”
It is now 125 days since Petitioner – who is represented by counsel – filed his last
Status Report. Accordingly, Petitioner is ORDERED TO SHOW CAUSE why the
Rhines stay in this case should not be vacated nunc pro tunc. By no later than February
18, 2025, Petitioner shall file a Response to this Order To Show Cause explaining why
the Rhines stay should continue. Alternatively, by that same February 18, 2025 deadline,
Petitioner simply may file the required Status Report. The failure to comply will result in
the vacating of the Rhines stay.
IT IS SO ORDERED.
1
See Rhines v. Weber, 544 U.S. 269 (2005).
Initials of preparer _ne___
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?