Ruiz v. Gipson
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Petitioner,
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CARLOS RUIZ,
v.
CONNIE GIPSON, Warden,
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Respondent.
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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
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Petitioner is a state prisoner proceeding in propria persona with a petition for writ of habeas
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corpus pursuant to 28 U.S.C. § 2254.
PROCEDURAL HISTORY
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The instant petition was filed on February 20, 2014. (Doc. 1). Along with the filing of the
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petition, Petitioner filed a motion to stay proceedings in order to exhaust claims in state court. (Doc.
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2). On February 24, 2014, the Court granted the stay request, with specific instructions that Petitioner
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was to file regular status reports regarding Petitioner’s efforts to exhaust. (Doc. 5). On June 23, 2014,
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Petitioner filed his one and only status report, indicating that he had filed a habeas petition in the
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Superior Court on May 22, 2014. (Doc. 10). Petitioner has not communicated with the Court since
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June 23, 2014.
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Accordingly, Petitioner is ORDERED required to SHOW CAUSE, within thirty days of the
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date of service of this Order, why the stay should not be lifted and the proceedings resume due to
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Petitioner’s failure to file regular status reports as required by the order dated February 24, 2014.
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IT IS SO ORDERED.
Dated:
December 10, 2014
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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