Hector Ayala v. Brandon Price

Filing 19

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Karen L. Stevenson. IT IS HEREBY ORDERED that, no later than September 18, 2018, Petitioner shall file either: (1) a First Amended Petition that complies with the Court's May 1, 2018 Order; or (2) a signed application for an enlargement of time (see order for further details) (hr)

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

EDCV 17-1249-MWF (KS)

Date: August 28, 2018

Hector Ayala v. Brandon Price

Present: The Honorable:

Karen L. Stevenson, United States Magistrate Judge

ShaRon Lorenzo
Deputy Clerk (Relief)

Court Reporter / Recorder

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On June 14, 2017, Petitioner, a California state prisoner proceeding pro se, filed a
Petition for Writ of Habeas Corpus (“Petition”). (Dkt. No. 1.) On June 20, 2017, the Petition
was transferred to the Central District (Dkt. No. 2) and on April 25, 2018, the Petition was
transferred to the calendar of United States Magistrate Judge Karen L. Stevenson (Dkt. No. 6).
On May 1, 2018, the Court informed Petitioner that the Petition appeared to be barred by
the statute of limitations – that is, that it was filed more than a year after his conviction became
final. (Dkt. No. 7.) The Court ordered Petitioner to file, no later than June 1, 2018, a First
Amended Petition that included specific factual allegations demonstrating that either the Petition
is timely or that Petitioner is entitled to equitable tolling. (Id.) Petitioner then sought, and
received, multiple extensions of time based on the medical condition of a fellow prisoner who is
helping Petitioner in this case. (See Dkt. Nos. 8-18.) Finally, on July 18, 2018, the Court
ordered Petitioner to file the First Amended Petition no later than August 11, 2018 and cautioned
that no further extensions of time would be granted. (Dkt. No. 18.)
More than two weeks have now passed since Petitioner’s First Amended Petition was
due, and Petitioner has neither filed the First Amended Petition nor otherwise communicated
with the Court about his case. Accordingly, the action is now subject to dismissal both as an
untimely petition and for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure. However, in the interests of justice, Petitioner shall receive one final opportunity to
file a First Amended Petition. Accordingly, IT IS HEREBY ORDERED that, no later than
September 18, 2018, Petitioner shall file either:

CV-90 (03/15)

Civil Minutes – General

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

EDCV 17-1249-MWF (KS)

Date: August 28, 2018

Hector Ayala v. Brandon Price

(1) a First Amended Petition that complies with the Court’s May 1, 2018 Order; or
(2) a signed application for an enlargement of time and competent evidence, such as a
declaration signed under penalty of perjury, demonstrating extraordinary and
compelling circumstances warranting an extension. The medical condition of a
prisoner who is not a party to this suit is not extraordinary and compelling
circumstances warranting further delay.
Alternatively, if Petitioner does not wish to proceed with this action at this time, he may
file a signed document entitled “Notice Of Voluntary Dismissal” and the action will be dismissed
without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.
Petitioner is advised that his failure to timely comply with this Order will result in a
recommendation to dismiss this case.
IT IS SO ORDERED.

:
Initials of Preparer

CV-90 (03/15)

Civil Minutes – General

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