Hernandez v. Madden

Filing 12

ORDER Dismissing Action for Failure to Obey with a Court Order; ORDER Directing Clerk of Court to Enter Judgment and Close Case, signed by Magistrate Judge Jennifer L. Thurston on 10/3/16. CASE CLOSED. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARTIN V. HERNANDEZ,
Petitioner,

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v.

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RAYMOND D. MADDEN, Warden,
Respondent.

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Case No.: 1:16-cv-01011-JLT
ORDER DISMISSING ACTION FOR FAILURE TO
OBEY WITH A COURT ORDER
ORDER DIRECTING CLERK OF COURT TO
ENTER JUDGMENT AND CLOSE CASE

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On July 18, 2016, the Court screened the petition for writ of habeas corpus. The Court found

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that Petitioner had failed to state any claims for relief. The Court dismissed the petition and directed

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the Petitioner to file a First Amended Petition within thirty days. Over thirty days passed and

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Petitioner failed to comply or otherwise respond to the Court’s order. Therefore, on September 7,

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2016, the Court issued an order directing Petitioner to show cause within fourteen days why the

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petition should not be dismissed for failure to obey a court order and for failure to state a cognizable

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claim.1 Over fourteen days have passed and Petitioner has failed to respond to the Court’s order.

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Local Rule 110 provides that “a failure of counsel or of a party to comply with these Local Rules or

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with any order of the Court may be grounds for the imposition by the Court of any and all sanctions . .

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. within the inherent power of the Court.”

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On September 7, 2016, Petitioner consented to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c).

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Accordingly, the Court ORDERS that the petition for writ of habeas corpus is DISMISSED
for failure to obey a court order and for failure to state a cognizable claim. The Clerk of Court is
DIRECTED to enter judgment and close the case.

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IT IS SO ORDERED.
Dated:

October 3, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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