Ibarra v. Hedgpeth

Filing 44

ORDER to SHOW CAUSE Why Stay of Petition Should Not Be Vacated, signed by Magistrate Judge Dennis L. Beck on 11/1/12. (20)Day Deadline(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LUGO IBARRA,

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1:10-cv-1809-LJO-DLB (HC)

Petitioner,

ORDER TO SHOW CAUSE WHY STAY OF
PETITION SHOULD NOT BE VACATED

v.

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ANTHONY HEDGPETH,
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Respondent.
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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
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On June 16, 2011, the Court granted Petitioner’s request to stay the petition pending
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exhaustion in the state courts. Petitioner was directed to file a status report every thirty days
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thereafter. Petitioner has filed a total of nine status reports-the most recent on September 20,
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2012. However, Petitioner has failed to file a timely status report after the September 20, 2012,
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filing. Accordingly, within twenty (20) days from the date of service of this order, Petitioner
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shall show cause why the stay should not be vacated. Petitioner is advised that failure to comply
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with this order may result in a recommendation that the action be dismissed for failure to
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prosecute. Local Rule 110.
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IT IS SO ORDERED.
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Dated:
3b142a

November 1, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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