Juan Francisco Molina v. W.L. Montgomery

Filing 10

MINUTES (In Chambers): Order to Show Cause Regarding Petitioner's Opposition to Respondent's Motion to Dismiss (ECF No. 8) Order by Magistrate Judge Maria A. Audero: Petitioner is ORDERED TO SHOW CAUSE by August 13, 2021 why the Court should not recommend that the lawsuit be dismissed for failure to file an Opposition to the Motion, failure to comply with Court orders, and failure to prosecute. If Petitioner files an Opposition to the Motion on or before that date, the Order to Show Cause will be discharged, and no additional action need be taken. [See document for further details.] (es)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:21-cv-00570-SB-MAA

Date: July 14, 2021

Title

Juan Francisco Molina v. W.L. Montgomery

Present:

The Honorable MARIA A. AUDERO, United States Magistrate Judge
James Muñoz
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Petitioner:
N/A

Attorneys Present for Respondent:
N/A

Proceedings (In Chambers):

Order to Show Cause Regarding Petitioner’s Opposition to
Respondent’s Motion to Dismiss (ECF No. 8)

On February 22, 2021, the Court received and filed Petitioner Juan Francisco Molina’s
(“Petitioner”) pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Petition”).
(Pet., ECF No. 1.)
On May 8, 2021, Respondent W.L. Montgomery (“Respondent”) filed a Motion to Dismiss
the Petition (“Motion to Dismiss”). (Mot. to Dismiss, ECF No. 8.) By the terms of this Court’s
April 7, 2021 Order Requiring Response, Petitioner’s Opposition to the Motion to Dismiss was due
within thirty days after service of that Motion. (Or. Requiring Response, ECF No. 6, at 2–3.)
To date, Petitioner has not filed an Opposition to the Motion.
Petitioner is ORDERED TO SHOW CAUSE by August 13, 2021 why the Court should not
recommend that the lawsuit be dismissed for failure to file an Opposition to the Motion, failure to
comply with Court orders, and failure to prosecute. If Petitioner files an Opposition to the Motion
on or before that date, the Order to Show Cause will be discharged, and no additional action need be
taken.
Petitioner is advised that failure to file an Opposition to the Motion may be construed
as consent to the granting of the Motion and will result in a recommendation that the lawsuit
be dismissed. See C.D. Cal. L.R. 7-12.

CV-90 (03/15)

Civil Minutes – General

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:21-cv-00570-SB-MAA
Title

Date: July 14, 2021

Juan Francisco Molina v. W.L. Montgomery

Petitioner also is advised that failure to comply with this Order by August 13, 2021 will
result in a recommendation that the lawsuit be dismissed for failure to prosecute and/or failure
to comply with Court orders. See C.D. Cal. L.R. 41-1.
It is so ordered.

Time in Court:
Initials of Preparer:
CV-90 (03/15)

Civil Minutes – General

0:00
JM
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