Puerto v. Lopez

Filing 6

ORDER to SHOW CAUSE why Petition Should not be Dismissed for Failing to Comply with a Court Order signed by Magistrate Judge Gary S. Austin on 12/15/2010. Show Cause Response due by 1/3/2011. (Flores, E)

(HC) Puerto v. Lopez

Doc. 6

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Petitioner is a state prisoner proceeding pro se with a Petition for Writ of Habeas Corpus 16 pursuant to 28 U.S.C. § 2254. 17 On September 22, 2010, an Order re: Consent or Request for Reassignment was issued in this 18 case. Petitioner was instructed to return the consent/decline form within thirty (30) days of the date 19 of service of the order. Over thirty (30) days passed and Petitioner failed to comply. On 20 November 8, 2010, the Court issued a second Order re: Consent or Request for Reassignment. 21 Petitioner was again instructed to return the consent/decline form within thirty (30) days of the date 22 of service of the order. Over thirty (30) days have passed, and Petitioner has still not complied. 23 Local Rule 110 provides: "Failure of counsel or of a party to comply with these Rules or with any 24 order of the Court may be grounds for imposition by the Court of any and all sanctions authorized by 25 statute or Rule or within the inherent power of the Court." 26 Accordingly, Petitioner is ORDERED TO SHOW CAUSE, within fifteen (15) days of 27 service of this order, why the petition should not be dismissed for failure to comply with a court 28
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UNITED STATES DISTRICT COURT

JOSE RODRIGUEZ PUERTO,

) ) Petitioner, ) ) v. ) ) ) RAUL LOPEZ, ) ) Respondent. ) ____________________________________)

1:10-CV-01737 GSA HC ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED FOR FAILING TO COMPLY WITH A COURT ORDER [Doc. #5]

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order. Failure to respond to this order will result in dismissal of the action.

IT IS SO ORDERED. Dated: 6i0kij

December 15, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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