Blyman v. Warden

Filing 27

ORDER to SHOW CAUSE why this Case Should not be Dismissed for Failure to Comply with a Court Order signed by Magistrate Judge Barbara A. McAuliffe on 11/16/2015. Show Cause Response due by 12/4/2015.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN DANIEL BLYMAN,

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Petitioner,
v.

Case No. 1:14-cv-00836-LJO-BAM HC
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO COMPLY WITH
A COURT ORDER

WARDEN,
(Doc. 21)

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Respondent.
RESPONSE DUE IN FIFTEEN DAYS

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Petitioner Stephen Daniel Blyman is a state prisoner proceeding with a petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. On February 12, 2015, this Court granted Petitioner’s

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motion for stay and abeyance, directing Petitioner to file a status report within sixty days and to file

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status reports every ninety days thereafter. Although more than ninety days have elapsed since his

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last submission of a status report on August 3, 2015, Petitioner has failed to file a status report.

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The Court has discretion to impose any and all sanctions authorized by statute or rule or

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within the inherent power of the Court, including dismissing the action, based on a petitioner’s

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failure to comply with a court order. F.R.Civ.P. 11; Local R. 110.
Accordingly, the Court hereby orders that:

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1.

Within fifteen (15) days from the date of service of this order, petitioner shall file a

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

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Petitioner’s failure to obey the Court’s order of February 12, 2015. Submission of the

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required status report shall be deemed compliance with this requirement.

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2.

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a copy of the Court’s February 12, 2015, order (Doc. 21).

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3.

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The Clerk of Court shall mail a copy of this order to Petitioner’s address, along with

Petitioner’s failure to comply with this order top show cause will result in the

dismissal of this action without further notice.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 16, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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