Calderon v. Foulks

Filing 19

ORDER to SHOW CAUSE Why Stay Should Not Be Vacated, signed by Magistrate Judge Stanley A. Boone on 9/29/16: 7-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS CALDERON,
Petitioner,

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ORDER TO SHOW CAUSE WHY STAY
SHOULD NOT BE VACATED

v.

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Case No. 1:16-cv-00276-LJO-SAB-HC

FREDERIC FOULKS,
SEVEN DAY DEADLINE

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Respondent.

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Petitioner is a state prisoner, represented by counsel, proceeding with a petition for writ

18 of habeas corpus pursuant to 28 U.S.C. § 2254. On August 26, 2016, the Court stayed the federal
19 habeas proceedings pending exhaustion of state remedies and ordered Petitioner to file an initial
20 status report within thirty days of the date of service of the order. (ECF No. 18). Over thirty days
21 have passed and Petitioner has failed to file a status report.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

23 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
24 sanctions authorized by statute or Rule or within the inherent power of the Court.” The Court
25 previously notified Petitioner that failure to comply with the Court’s order would result in the
26 Court vacating the stay. (ECF No. 18 at 2).
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Accordingly, it is HEREBY ORDERED that within SEVEN (7) days of the date of

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2 service of this order, Petitioner shall show cause why the stay should not be vacated for failure to
3 obey the Court’s order.
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IT IS SO ORDERED.

6 Dated:

September 29, 2016
UNITED STATES MAGISTRATE JUDGE

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