Travon Stewart v. Spearman

Filing 6

MINUTE Order to Show Cause Regarding Second Petition by Magistrate Judge John D. Early: Petitioner is ordered to show cause in writing by no later than August 28, 2017, why the 2017 Petition should not be ordered summarily dismissed. Because the 2017 Petition has not been ordered served and no responsive pleading has been filed, Petitioner may also request that the 2017 Petition be dismissed voluntarily under Federal Rule of Civil Procedure 41(a). Such dismissal shall be without prejudice to pursuing the 2016 Petition. (dv)

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

EDCV 16-02297-VBF (JDE)
EDCV 17-00393-VBF (JDE)

Title

Travon Stewart v. Debbie Asuncion
Travon Stewart v. Spearman

Present: The Honorable

Date

July 28, 2017

John D. Early

Ivette Gomez

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 Regarding Second Petition

On November 3, 2016, petitioner filed a Petition for Writ of Habeas Corpus by a Person in
State Custody (28 U.S.C. § 2254) in this Court, which was assigned Case No. EDCV 16-02297 (the
“2016 Petition”). On May 16, 2017, the Court ordered Respondent Debbie Asuncion, Warden, to
answer or otherwise respond to the 2016 Petition, which response is currently due July 31, 2017.
It appears that on February 24, 2017, Petitioner filed a separate Petitioner for Writ of
Habeas Corpus by a Person in State Custody in the United States District Court for the Eastern
District of California (the “2017 Petition”). The 2017 Petition was ordered transferred to this
District and is now pending in this District under case number EDCV 17-00393-VBF. The 2017
Petition has not been ordered served on Respondent in that case.
Petitioner has not sought to amend his 2016 Petition. Petitioner may not proceed
simultaneously with two separate petitions for habeas corpus relief in this Court.
Petitioner is ordered to show cause in writing by no later than August 28, 2017, why the
2017 Petition should not be ordered summarily dismissed. Because the 2017 Petition has not been
ordered served and no responsive pleading has been filed, Petitioner may also request that the 2017
Petition be dismissed voluntarily under Federal Rule of Civil Procedure 41(a). Such dismissal shall
be without prejudice to pursuing the 2016 Petition.

Initials of Courtroom Deputy

CV-90 (10/08)

CIVIL MINUTES - GENERAL

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