Ignacio Ruiz v. Greg Lewis

Filing 51

ORDER TO SHOW CAUSE by Magistrate Judge Alexander F. MacKinnon. Response to Order to Show Cause due by 3/29/2016. (See document for details). (ib)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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IGNACIO RUIZ,

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Case No. SA CV 13-0347 ODW (AFM)
Petitioner,

ORDER TO SHOW CAUSE

v.

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GREG LEWIS,
Respondent.

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On September 14, 2015, the Court stayed this action pending petitioner’s

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resentencing on January 8, 2016. Petitioner, who is represented by counsel, was

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directed to submit a status report to the Court immediately after the resentencing in

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state court had taken place and to inform the Court how the resentencing affects

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petitioner’s case before the Court. Petitioner’s counsel was also advised that his

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failure to timely file the status report could result in a recommendation that the

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action be dismissed for failure to prosecute and to obey the Court’s orders, under

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Federal Rule of Civil Procedure 41(b).

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Petitioner’s counsel did not timely file the required status report.

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Accordingly, on February 23, 2016, the Court issued an order requiring petitioner’s

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counsel to submit the status report within 14 days of the date of the order. The

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Court warned petitioner’s counsel, for the second time, that his failure to timely

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comply with the order would result in a recommendation that this action be

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dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute and

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failure to comply with the Court’s orders.

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As of this date, more than 14 days later, petitioner’s counsel still has not filed
the required status report.

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Accordingly, petitioner’s counsel is ORDERED TO SHOW CAUSE within

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twenty (20) days of the date of this Order why this action should not be dismissed

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for failure to prosecute. Petitioner’s counsel may discharge this Order by filing the

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required status report within 20 days of the date of this Order. The Court again

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admonishes petitioner’s counsel that failure to timely comply with this Order will

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result in a recommendation that this action be dismissed under Rule 41(b).

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DATED: 3/9/2016

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____________________________________
ALEXANDER F. MacKINNON
UNITED STATES MAGISTRATE JUDGE

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