Ruiz v. Gipson

Filing 11

ORDER to SHOW CAUSE Why the Stay should not be Lifted for Respondent's Failure to Submit Status Reports; Thirty Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 12/10/2014. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Petitioner, 13 14 ) ) ) ) ) ) ) ) ) ) ) CARLOS RUIZ, v. CONNIE GIPSON, Warden, 15 Respondent. 16 Case No.: 1:14-cv-00224-LJO-JLT ORDER TO SHOW CAUSE WHY THE STAY SHOULD NOT BE LIFTED FOR RESPONDENT’S FAILURE TO SUBMIT STATUS REPORTS THIRTY DAY DEADLINE 17 Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas 18 19 corpus pursuant to 28 U.S.C. § 2254. PROCEDURAL HISTORY 20 The instant petition was filed on February 20, 2014. (Doc. 1). Along with the filing of the 21 22 petition, Petitioner filed a motion to stay proceedings in order to exhaust claims in state court. (Doc. 23 2). On February 24, 2014, the Court granted the stay request, with specific instructions that Petitioner 24 was to file regular status reports regarding Petitioner’s efforts to exhaust. (Doc. 5). On June 23, 2014, 25 Petitioner filed his one and only status report, indicating that he had filed a habeas petition in the 26 Superior Court on May 22, 2014. (Doc. 10). Petitioner has not communicated with the Court since 27 June 23, 2014. 28 /// 1 1 Accordingly, Petitioner is ORDERED required to SHOW CAUSE, within thirty days of the 2 date of service of this Order, why the stay should not be lifted and the proceedings resume due to 3 Petitioner’s failure to file regular status reports as required by the order dated February 24, 2014. 4 5 6 7 IT IS SO ORDERED. Dated: December 10, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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