Milorad Olic v. J. Gastelo

Filing 4

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym, Order to Show Cause Why Petition Should Not Be Dismissed for Failure to Prosecute. Accordingly, within twenty-one (21) days of the date of this Order, that is, by April 28, 2017, petitioner is ORDERED TO SHOW CAUSE, in writing, why this action should not be dismissed for failure to prosecute and/or comply with a court order (SEE ORDER FOR DETAILS). (kca)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. SA CV 17-103-MWF (SP) Title Milorad Olic v. J. Gastelo, Warden Present: The Honorable Date April 7, 2017 Sheri Pym, United States Magistrate Judge Kimberly Carter None Appearing Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Petitioner: Attorneys Present for Respondent: None Appearing None Appearing Proceedings: (In Chambers) Order to Show Cause Why Petition Should Not Be Dismissed for Failure to Prosecute On January 23, 2017, petitioner Milorad Olic filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. ยง 2254. On February 8, 2017, this court, having screened the Petition, dismissed it with leave to file a First Amended Petition by March 8, 2017. More than four weeks having passed beyond this deadline, the court has not received a First Amended Petition or any other communication from petitioner. Accordingly, within twenty-one (21) days of the date of this Order, that is, by April 28, 2017, petitioner is ORDERED TO SHOW CAUSE, in writing, why this action should not be dismissed for failure to prosecute and/or comply with a court order. Petitioner is cautioned that his failure to timely file a response to this Order to Show Cause will be deemed by the court as consent to the dismissal of this action without prejudice. In the event petitioner wishes to voluntarily dismiss this action, petitioner may complete and return the enclosed Notice of Dismissal form by April 28, 2017. If petitioner files a First Amended Petition by April 28, 2017, this Order to Show Cause will be automatically discharged, and petitioner need not respond to it separately. CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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