Puerto v. Lopez

Filing 9

ORDER discharging 6 Order to Show Cause signed by Magistrate Judge Gary S. Austin on 12/30/2010. (Lundstrom, T)

(HC) Puerto v. Lopez

Doc. 9

1 2 3 4 5 6 7 8 9 10 11 JOSE RODRIGUEZ PUERTO, 12 13 14 15 16 17 Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. He is represented in this action by Mario Rodriguez, Esq. 19 On December 15, 2010, this Court issued an Order directing Petitioner to show cause why 20 the petition should not be dismissed for his failure to comply with two court orders. Specifically, on 21 September 22, 2010, and November 8, 2010, the Court issued orders directing Petitioner to file a 22 completed consent/decline form. On December 22, 2010, Petitioner filed a completed consent form 23 and a response to the order to show cause. Counsel for Petitioner states this is the first time he has 24 used the Court's CM/ECF electronic filing system and he was not aware a response was required 25 from the emails he received. Based on Counsel's response, it does not appear that dismissal is 26 warranted. Upon receiving notice of the failures, Counsel promptly submitted a consent/decline 27 form. There is no evidence that Counsel intentionally disregarded a court order. 28
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) RAUL LOPEZ, ) ) Respondent. ) ____________________________________) 1:10-CV-01737 GSA HC ORDER DISCHARGING ORDER TO SHOW CAUSE ISSUED ON DECEMBER 15, 2010 [Doc. #6]

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Accordingly, the December 15, 2010, Order to Show Cause is HEREBY DISCHARGED.

IT IS SO ORDERED. Dated: 6i0kij

December 30, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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