Robert Ismael Muriel v. Kamala D. Harris

Filing 30

MINUTE ORDER (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge Rozella A. Oliver. IT IS THEREFORE ORDERED that Petitioner must show cause, in writing, on or before July 29, 2016, why this Court should not lift the Kelly stay and reissue its Report and Recommendation. (es)

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

CV 15-01353 R (RAO)
Robert Ismael Muriel v. Jeffrey Beard

Present:

Date:

July 8, 2016

The Honorable ROZELLA A. OLIVER, U.S. MAGISTRATE JUDGE
Gay Roberson
Deputy Clerk

N/A
Court Reporter / Recorder

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

N/A

N/A

Proceedings:

(In Chambers) ORDER TO SHOW CAUSE

On March 4, 2016, the Court issued a Report and Recommendation, recommending that
Respondent’s Motion to Dismiss be granted. On March 18, 2016, Petitioner Robert Ismael
Muriel (“Petitioner”) filed a Response to the Report and Recommendation, requesting a stay
under Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), so that he may return to state court to
exhaust his Petition’s unexhausted claims.
On April 14, 2016, the Court granted Petitioner’s Kelly stay request. In granting the stay,
the Court ordered Petitioner to file a status report regarding his state habeas efforts within 30
days of the order and every 60 days thereafter. To date, however, Petitioner has not submitted a
status report of his state habeas efforts.
IT IS THEREFORE ORDERED that Petitioner must show cause, in writing, on or before
July 29, 2016, why this Court should not lift the Kelly stay and reissue its Report and
Recommendation.
IT IS SO ORDERED.

Initials of Preparer

CV-90 (05/15)

CIVIL MINUTES - GENERAL

:
gr

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