Kalynn Weatherspoon v. Alex Villanueva

Filing 18

MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Petitioner is ORDERED TO SHOW CAUSE, within thirty (30) days of the date of this Order (by no later than March 19, 2021), why this action should not be dismissed for failure to comply with Court orders and/or prosecute pursuant to Fed.R.Civ.P. 41(b). (see document for further details) (hr)

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

CV 20-10423-AS

Title

Kalynn Weatherspoon v. Kathleen Allison, Secretary of the California Department of
Corrections and Rehabilitation

Present: The Honorable

Date

February 17, 2021

Alka Sagar, United States Magistrate Judge

Alma Felix

N/A

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

N/A

N/A

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE

On November 6, 2020, Kalynn Weatherspoon (“Petitioner”) filed a Petition for Writ
of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”).
(Dkt. No. 1).1 On January 6, 2021, Respondent filed a Motion to Dismiss the Petition
(“Motion ot Dismiss”) and a Lodgment. (Dkt. Nos. 9-10).
On January 7, 2021, the Court issued an Order directing Petitioner to file, by no later
than February 8, 2021, either an Opposition to the Motion to Dismiss or a Statement of NonOpposition to the Motion to Dismiss. (Dkt. No. 13). A copy of the Court’s January 7, 2021
Order is attached to this Order. The Order mailed to Petitioner was returned to the Court,
“undeliverable as addressed,” by the United States Postal Service. (Dkt. No. 14).
On January 21, 2021, the Court issued an Order requiring Petitioner to provide the
Court with his current address and telephone number by no later than February 1, 2021,
pursuant to Local Rule 41-6. (Dkt. No. 15). The Order warned Petitioner “that if he fails
to respond to this Order, the Court will recommend that this action be dismissed with
prejudice under Federal Rule of Civil Procedure 41(b), for Petitioner’s failure to prosecute.”
Id. A copy of the Court’s January 21, 2021 Order is attached. This Order, mailed to
Petitioner, was also returned to the Court as undelivered by the United States Postal Service.
(Dkt. No. 17). In addition, the Notice regarding the Consent to Proceed before Magistrate
The parties have consented to the jurisdiction of the Magistrate Judge for all
purposes. (Dkt. Nos. 2, 11-12).
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 20-10423-AS

Date

February 17, 2021

Title

Kalynn Weatherspoon v. Kathleen Allison, Secretary of the California Department of
Corrections and Rehabilitation

Judge (Dkt. No. 12), which was mailed to Petitioner, was returned to the Court,
“undeliverable as addressed” by the United States Postal Service. (Dkt. No. 16).
To date, Petitioner has failed to file either an Opposition to the Motion to Dismiss or
a Statement of Non-Opposition to the Motion to Dismiss, and Petitioner has failed to notify
the Court of his current address and telephone number.
Therefore, Petitioner is ORDERED TO SHOW CAUSE, within thirty (30) days
of the date of this Order (by no later than March 19, 2021), why this action should not be
dismissed for failure to comply with Court orders and/or prosecute pursuant to Fed.R.Civ.P.
41(b).
Petitioner may discharge this Order by filing: (1) either an Opposition to the Motion
to Dismiss which complies with the Court’s January 7, 2021 Order or a Statement of NonOpposition to the Motion to Dismiss which complies with the Court’s January 7, 2021
Order, or a statement setting forth why he is unable to do so; and (2) a notice notifying the
Court of Petitioner’s current address and telephone number.
Petitioner is expressly warned that the failure to timely file a response to this
Order will result in an Order dismissing this action with prejudice for his failure to
comply with Court orders and/or for his failure to prosecute. See Fed.R. Civ. P. 41(b).

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