Demetric Andre Brooks v. Patrick Covello

Filing 19

(IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Alka Sagar. Petitioner is ORDERED TO SHOW CAUSE within twenty-one (21) days of the date of this Order (by no later than October 5, 2022), why this action should not be dismissed with prejudice for failure to prosecute and/or for failure to comply with Court orders. (see document for further details) (Attachments: # 1 Blank Notice of Dismissal Form) (hr)

Case 2:21-cv-08971-MEMF-AS Document 19 Filed 09/14/22 Page 1 of 2 Page ID #:270

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

CV 21-8971-MEMF (AS)

Title

Demetric Andre Brooks v. Patrick Covello, Warden

Present: The Honorable

Date

September 14, 2022

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 March 3, 2022, the Court issued an order granting Petitioner’s motion for a stay
and abeyance of his Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254,
(“Petition”) to permit Petitioner to file state habeas petitions seeking to exhaust his claims
in state court. (Dkt. No. 13). Petitioner was ordered, “[b]eginning May 4, 2022, and every
sixty (60) days thereafter, [ ] [to] file a “Status Report” setting forth all activity that has
occurred since the filing of . . . the previous Status Report[.]” Id. Petitioner was warned
that the “[f]ailure to file a required Status Report in accordance with [the Court’s] Order may
result in a recommendation that this action be dismissed without prejudice for failure to
prosecute and/or failure to comply with a court order.” Id.
On June 8, 2022, Petitioner filed a status report indicating that he had filed a timely
notice of appeal from the state court’s denial of his claims. (Dkt. No. 17). Petitioner’s next
status report was due on August 8, 2022, but to date, Petitioner has failed to file a status
report or otherwise communicate with the Court regarding his efforts to exhaust the claims
in his Petition.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE within twenty-one (21)
days of the date of this Order (by no later than October 5, 2022), why this action should not
be dismissed with prejudice for failure to prosecute and/or for failure to comply with Court
orders. Petitioner may discharge this Order by filing a Status Report or by filing a
declaration under penalty of perjury stating why he is unable to do so.
If Petitioner no longer wishes to pursue this action, he may request a voluntary
CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 2

Case 2:21-cv-08971-MEMF-AS Document 19 Filed 09/14/22 Page 2 of 2 Page ID #:271

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

CV 21-8971-MEMF (AS)

Date

Title

Demetric Andre Brooks v. Patrick Covello, Warden

September 14, 2022

dismissal of this action pursuant to Fed. R. Civ. P. 41(a). A Notice of Dismissal form
is attached for Petitioner’s convenience.
Petitioner is warned that the failure to timely file a response to this Order may
result in a recommendation that this action be dismissed with prejudice for his failure
to prosecute and/or obey court orders. See Fed. R. Civ. P. 41(b).
0
Initials of
Preparer

CV-90 (10/08)

CIVIL MINUTES - GENERAL

:

00

AF

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