Blyman v. Warden

Filing 23

ORDER to SHOW CAUSE why this Case Should not be Dismissed for Failure to Comply with Court Order signed by Magistrate Judge Barbara A. McAuliffe on 07/13/2015. Show Cause Response due by 8/3/2015. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10

STEPHEN DANIEL BLYMAN,

11
12
13

Petitioner,
ORDER TO SHOW CAUSE WHY
THIS CASE SHOULD NOT BE
DISMISSED FOR FAILURE TO
COMPLY WITH COURT ORDER

v.
WARDEN,

14
15

Case No. 1:14-cv-00836-LJO-BAM HC

Doc. 21
Respondent.
RESPONSE DUE IN FIFTEEN DAYS

16
17
18
19
20
21

Petitioner Stephen Daniel Blyman is a state prisoner proceeding with a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254. On February 12, 2015, this Court granted Petitioner's
motion for stay and abeyance, directing Petitioner to file a status report within sixty days of the
order and to file status reports every ninety (90) days thereafter. Although more than ninety days

22
23
24
25

have elapsed since his submission of a status report on April 1, 2015, Petitioner has failed to submit
an updated status report.
The Court has discretion to impose any and all sanctions authorized by statute or Rule or

26

within the inherent power of the Court, including dismissal of an action, based on Plaintiff’s failure

27

to comply with a court order. Fed. R. Civ. P. 11; Local Rule 110.

28
1

1
2

Accordingly, the Court HEREBY ORDERS that:
1. Within fifteen (15) days from the date of service of this order, Petitioner shall file a

3

written response to the Court, showing cause why this case should not be dismissed for

4

Plaintiff's failure to obey the Court’s order filed February 12, 2015. Submission of the

5

required status report shall be deemed compliance with this requirement.

6

2. The Clerk of Court shall mail a copy of this order to Plaintiff's address, along with a

7
copy of the Court's February 12, 2015 order (Doc. 21).
8
9

3. Plaintiff's failure to comply with this order will result in the dismissal of this action
without further notice.

10
11
12

IT IS SO ORDERED.

13
Dated:
14

/s/ Barbara

July 13, 2015

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2