Hawk v. Davey et al

Filing 8

ORDER to SHOW CAUSE why Stay Should not be Vacated signed by Magistrate Judge Erica P. Grosjean on 09/20/2016. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HAWK, Petitioner, 12 ORDER TO SHOW CAUSE WHY STAY SHOULD NOT BE VACATED v. 13 14 Case No. 1:16-cv-00795-LJO-EPG-HC DAVID DAVEY, et al., 15 Respondents. 16 17 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 July 28, 2016, the Court stayed the federal 19 habeas proceedings pending exhaustion of state remedies and ordered Petitioner to file a status 20 report within thirty days of the date of service of the order. (ECF No. 7). Over thirty days have 21 passed and Petitioner has failed to file a status report. 22 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. 7 at 2). 27 /// 28 /// 1 1 Accordingly, it is HEREBY ORDERED that within FOURTEEN (14) days of the date of 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. 4 5 6 IT IS SO ORDERED. Dated: September 20, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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