Gonzalez v. Davey

Filing 6

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO COMPLY WITH A COURT ORDER 3 signed by Magistrate Judge Sheila K. Oberto on 6/12/2017. Show Cause Response due within 15-Days. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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IGNACIO GONZALEZ,

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Petitioner,

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v.

Case No. 1:16-cv-01871-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. 3)

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Respondent.
RESPONSE DUE IN FIFTEEN DAYS

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Petitioner Ignacio Gonzales is a state prisoner proceeding with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. On January 27, 2017, this Court 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 ninety days
have elapsed since the filing of the initial status report, Petitioner has failed to file a current 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

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Petitioner’s failure to obey the Court’s order filed January 27, 2017. Submission of the

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required status report shall be deemed compliance with this requirement.

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2.

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a copy of the Court’s January 27, 2017, order (Doc. 3).

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3.

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dismissal of the above-captioned 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

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IT IS SO ORDERED.
Dated:

June 12, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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