Ekdahl v. Diaz

Filing 41

ORDER to Respondent and His Attorney of Record to SHOW CAUSE Why Sanctions Should Not Be Imposed for Their Failure to Comply With the Court's Order signed by Magistrate Judge Jennifer L. Thurston on 1/29/2015. Show Cause Response due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMIL JOSEPH EKDAHL,

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Petitioner,
v.
RALPH DIAZ, Warden,
Respondents.

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Case No.: 1:13-cv-00542-AWI-JLT
ORDER TO RESPONDENT AND HIS
ATTORNEY OF RECORD TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT BE IMPOSED
FOR THEIR FAILURE TO COMPLY WITH THE
COURT’S ORDER

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On September 3, 2014, the Court ordered Respondent to lodge the entire transcript of

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Petitioner’s April 24, 2014 parole hearing within thirty days. (Doc. 33). To date, Respondent has not

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complied with the Court’s order to produce the transcript.

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On January 20, 2015, Respondent filed his answer along with various exhibits. (Doc. 39). The

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Answer repeats the argument Respondent first raised in the motion to dismiss, i.e., that the Court lacks

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habeas jurisdiction because even if the disciplinary hearing were reversed and expunged, it would not

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necessarily accelerate the date on which Petitioner would be released on parole. However, Respondent

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has never filed a complete transcript of that April 24, 2014 hearing.

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ORDER

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Therefore, within 14 days, Respondent and his attorney of record are ORDERED TO

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SHOW CAUSE why sanctions should not be imposed for his failure to comply with the Court’s order

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to lodge a complete transcript of the April 24, 2014 parole hearing. Alternatively, within this same 14-

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day period, Respondent and his counsel may lodge a true and correct copy of the entire April 24, 2014

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transcript as previously ordered.

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IT IS SO ORDERED.
Dated:

January 29, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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