Hendrix Moreno Montecastro v. Cate et al

Filing 4

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE RE: TIMELINESS by Magistrate Judge Steve Kim. For all these reasons, Petitioner is ORDERED TO SHOW CAUSE on or before November 12, 2020 why the Court should not dismiss the petition as untimely. Petitioner bears the burden to establish timeliness on any ground, including equitable tolling, that the Court may be unaware of. See Stancle v. Clay, 692 F.3d 948, 953 (9th Cir. 2012). If Petitioner files no timely response to this order, this action may be involuntarily dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b) L.R. 41-1. If Petitioner no longer wishes to pursue this action, he may voluntarily dismiss the action under Federal Rule of Civil Procedure 41(a) by filing a Voluntary Notice of Dismissal on the attached Form CV-09. (SEE ORDER FOR DETAILS). (Attachments: # 1 Voluntary Dismissal Form) (clee)

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