Calderon v. Foulks

Filing 23

ORDER to SHOW CAUSE Why Stay should not be Vacated; Show Cause Response due within Seven Days signed by Magistrate Judge Stanley A. Boone on 4/26/2017. (Sant Agata, S)

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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 and every ninety days
21 thereafter. (ECF No. 18). Petitioner last filed a status report on January 18, 2017. (ECF No. 22).
22 Over ninety days have passed, and Petitioner has not filed a subsequent status report.
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these

24 Rules or with any order of the Court may be grounds for imposition by the Court of any and all
25 sanctions authorized by statute or Rule or within the inherent power of the Court.” The Court
26 previously notified Petitioner that not complying with the Court’s order would result in the Court
27 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.
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IT IS SO ORDERED.

5 Dated:

April 26, 2017
UNITED STATES MAGISTRATE JUDGE

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