Ramirez v. On Habeas Corpus

Filing 8

ORDER To SHOW CAUSE Why The Petition Should Not Be Dismissed For Failure To Obey The Court's Order, Thirty Day Deadline, signed by Magistrate Judge Jennifer L. Thurston on 9/19/2013. Show Cause Response due by 10/24/2013. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY RAMIREZ,
Petitioner,

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v.
ON HABEAS CORPUS,
Respondent.

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Case No.: 1:13-cv-00435-JLT
ORDER TO SHOW CAUSE WHY THE PETITION
SHOULD NOT BE DISMISSED FOR FAILURE
TO OBEY THE COURT’S ORDER
THIRTY DAY DEADLINE

Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
PROCEDURAL HISTORY
The instant petition was filed on March 25, 2013. (Doc. 1). After conducting an initial review

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of the petition, the Court, on April 18, 2013, ordered Petitioner to file a first amended petition within

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thirty days. (Doc. 4). The original petition contained claims that were incomprehensible; moreover,

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the petition contained insufficient information for the Court to conduct a preliminary review regarding

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timeliness and exhaustion. Finally, the original petition names an improper respondent, thus depriving

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the Court of jurisdiction. Petitioner was advised of all of these defects and the need to file an amended

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petition correcting these problems; however, he has yet to file the first amended petition despite the

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fact that almost four months have elapsed since the deadline imposed by the Court’s April 18, 2013

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order. In that order, Petitioner was advised, in language that was underlined and bolded, that failure
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to comply with the Court’s order within thirty days “may result in an Order of Dismissal or a

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Recommendation that the petition be dismissed….” (Doc. 4, p. 7). Petitioner will be afforded one

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final opportunity to file his amended petition and correct the deficiencies previously noted by the

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Court or face dismissal of his petition.
ORDER

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For the foregoing reasons, the Court HEREBY ORDERS:

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1. Petitioner is ORDERED TO SHOW CAUSE within thirty (30) days of the date of

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service of this Order why the Petition should not be dismissed for failure to comply with

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the Court’s April 18, 2013 order to file an amended petition.

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Petitioner is forewarned that his failure to comply with this order may result in a
Recommendation that the Petition be dismissed pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

September 19, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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