Mendez v. Adler

Filing 12

ORDER to SHOW CAUSE Why Sanctions Should Not Be Imposed, Signed by Magistrate Judge Dennis L. Beck on 4/22/2009. Show Cause Response due by 5/15/2009. (Arellano, S.)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 NEIL H. ADLER, 13 Respondent. 14 15 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. Pursuant to 28 U.S.C. § 636(c)(1), the parties have consented to 17 the jurisdiction of the United States Magistrate Judge. 18 Petitioner filed the instant petition for writ of habeas corpus on September 19, 2008. 19 (Court Doc. 1.) On September 29, 2008, the Court directed Respondent to file a response to the 20 petition within sixty days from the date of service; however, the order was inadvertently not 21 served on Respondent. Therefore, on January 12, 2009, the Court re-served the September 29, 22 2008 order, and the deadlines set forth were effective as of the re-service date. (Court Doc. 8.) 23 Over sixty days have passed and Respondent has failed to file a response. Review of the 24 certificate of service reveals that Respondent was served with the order at the appropriate 25 address. 26 Local Rule 11-110 provides that "a failure of counsel or of a party to comply with these 27 Local Rules or with any order of the Court may be grounds for the imposition by the Court of any 28 1 / v. RUBEN GONZALEZ MENDEZ, Petitioner, 1:08-cv-01403-DLB (HC) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED

UNITED STATES DISTRICT COURT

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and all sanctions . . . within the inherent power of the Court.@ Accordingly, it is HEREBY ORDERED within twenty (20) days of service of this order, to SHOW CAUSE why appropriate sanctions should not be imposed for failing to obey a court order. IT IS SO ORDERED. Dated: 3b142a

April 22, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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