Blyman v. Warden

Filing 40

ORDER to SHOW CAUSE why Petition Should not be Dismissed for Failure to Prosecute signed by Magistrate Judge Sheila K. Oberto on 08/09/2016. Show Cause Response due by 8/29/2016.(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.

No. 1:14-cv-00836-DAD-SKO HC
ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

DANIEL PARAMO, Warden,

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Respondent.

(Doc. 39)

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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 June 1, 2016, this Court lifted the order of stay

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and abeyance in the above-captioned case and directed Petitioner to file an amended petition

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including the newly exhausted claims by July 29, 2016. Although the time provided for the filing

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of the amended petition for writ of habeas corpus has now passed, Petitioner has failed to file an

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amended petition.

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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
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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Within fifteen (15) days from the date of service of this order, Petitioner

shall file a written response to the Court, showing cause why the petition should not be

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dismissed for Petitioner’s failure to obey the Court’s order filed June 1, 2015. Submission

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of the amended petition for writ of habeas corpus within the fifteen-day-period shall be

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deemed compliance with this requirement.

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2.

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

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along with a copy of the Court’s June 1, 2016, order (Doc. 39).

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3.

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

recommendation that the Court dismiss this action.

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IT IS SO ORDERED.

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Dated:

August 9, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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