Blount v. Kernan

Filing 18

ORDER to SHOW CAUSE Why This Case Should Not Be Dismissed for Failure to Comply With a Court Order signed by Magistrate Judge Sheila K. Oberto on 4/17/2017. Show Cause Response due within fifteen (15) days. (Jessen, A)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 TYRIN LEE BLOUNT, 11 12 13 Petitioner, v. Case No. 1:16-cv-01653-DAD-SKO HC ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH A COURT ORDER DAVID DAVEY, Warden, (Doc. 17) 14 Respondent. RESPONSE DUE IN FIFTEEN DAYS 15 16 17 18 19 20 21 22 23 24 25 26 27 Petitioner Tyrin Lee Blount is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 6, 2017, this Court denied Respondent’s motion to dismiss and granted Petitioner’s motion for stay and abeyance. The order directed Petitioner to file an initial status report within thirty (30) days and to file status reports every ninety (90) days thereafter. Although more than thirty days have elapsed since the order of stay and abeyance, Petitioner has failed to file an initial status report. The Court has discretion to impose any and all sanctions authorized by statute or rule or 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: 1. 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 case should not be dismissed for 28 1 1 Petitioner’s failure to obey the Court’s order filed March 6, 2017. Submission of the 2 required status report shall be deemed compliance with this requirement. 3 2. 4 a copy of the Court’s March 6, 2017, order (Doc. 17). 5 3. 6 dismissal of this action without further notice. The Clerk of Court shall mail a copy of this order to Petitioner’s address, along with Petitioner’s failure to comply with this order to show cause will result in the 7 8 9 10 IT IS SO ORDERED. Dated: April 17, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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