Sidney Davis v. Mule Creek State Prison

Filing 23

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, or no later than December 29, 2014, why this action should not be dismissed with prejudice for failure to prosecute. (See Order for complete details) (Attachments: # 1 Notice of Dismissal (Blank)) (afe)

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

ED CV 14-1831 - MMM (AS)

Title

Sidney Davis, Petitioner v. Mule Creek State Prison, Respondent

Present: The
Honorable

Date

December 8, 2014

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 July 3, 2014, Petitioner Sidney Davis (“Petitioner”) filed a Petition for Writ of Habeas Corpus
by a Person in State Custody, pursuant to 28 U.S.C. § 2254 (“Petition”) (Docket Entry No. 1). On October
27, 2014, Respondent filed a Motion to Dismiss the Petition, contending that the petition is untimely and
that the sole claim raised in the petition is unexhausted (“Motion”) (Docket Entry No. 18). On October 27,
2014, the Court issued an Order directing Petitioner to file an Opposition to the Motion to Dismiss no later
than November 27, 2014. As of today, however, Petitioner has failed to file an Opposition to the Motion
to Dismiss or request an extension of time in which to do so.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE within twenty-one (21) days of the date
of this Order, or no later than December 29, 2014, why this action should not be dismissed with prejudice
for failure to prosecute. Petitioner may discharge this Order by filing an Opposition to the Motion to
Dismiss, 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 dismissal of
this action pursuant to Federal Rule of Civil Procedure 41(a). A Notice of Dismissal form is attached
for Petitioner’s convenience. Petitioner is warned that failure to timely file a response to this Order
may result in a recommendation that this action be dismissed with prejudice for failure to prosecute
and obey court orders pursuant to Federal Rule of Civil Procedure 41(b).
The Clerk of the Court is directed to serve a copy of this Order upon Petitioner at his address of
record.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 1