Terry Leslie Pickens v. R Madden

Filing 8

EXTENDING ORDER TO SHOW CAUSE by Magistrate Judge David T. Bristow. The Court extends petitioners time up to and including June 17, 2015, to file a response to the Order to Show Cause. In the event petitioner withdraws his unexhausted claims, the Petition may proceed with the three exhausted claims. Failure to respond to the Courts Order to Show Cause will result in the dismissal of this Petition as a mixed petition. See Minute Order for details. <attachments> (vp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES--GENERAL

Case No. EDCV 15-00573-CAS (DTB)

Date: June 3, 2015

Title: Terry Leslie Pickens v. R. Madden, Warden
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DOCKET ENTRY
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PRESENT:
HON. DAVID T. BRISTOW, MAGISTRATE JUDGE
D. Castellanos
Deputy Clerk
ATTORNEY PRESENT FOR PETITIONER:

None present

n /a
Co urt Reporter
ATTORNEY PRESENT FOR RESPONDENT:

None present

PROCEEDINGS: (IN CHAMBERS)
On March 25, 2015, petitioner filed a Petition for Writ of Habeas Corpus by a
Person in State Custody. After its initial review of the Petition, it appeared to the Court
that petitioner had not exhausted his state remedies with respect to two of the five
grounds for relief raised in the Petition. Accordingly, on April 10, 2015, the Court
issued an Order to Show Cause ordering petitioner to show cause as to why this action
should not be dismissed without prejudice for failure to exhaust state remedies unless
petitioner withdrew his two unexhausted claims. As of this date, petitioner has failed
to file a response to the Order to Show Cause. Accordingly, on the Court’s own motion,
the Court, sua sponte, extends petitioner’s time up to and including June 17, 2015, to
file a response to the Order to Show Cause.
As previously advised, in the event petitioner withdraws his unexhausted claims,
the Petition may proceed with the three exhausted claims. Failure to respond to the
Court’s Order to Show Cause will result in the dismissal of this Petition as a mixed
petition.

MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk DC