Franco v. Espinoza

Filing 13

ORDER to SHOW CAUSE Why Petition Should Not Be Dismissed for Failure to Comply With a Court Order, signed by Magistrate Judge Sheila K. Oberto on 10/23/2018: 15-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIA ANTONIA FRANCO,

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No. 1:18-cv-00057-SKO (HC)

Petitioner,
v.
JANEL ESPINOZA, Warden,

ORDER TO SHOW CAUSE WHY
PETITION SHOULD NOT BE DISMISSED
FOR FAILURE TO COMPLY WITH A
COURT ORDER

Respondent.

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Petitioner, Maria Antonia Franco, is a state prisoner proceeding with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On January 25, 2018, the Court stayed proceedings

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pursuant to Rhines v. Weber, 544 U.S. 269, 275 (1995), to permit Petitioner to exhaust certain

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claims in state court. (Doc. 16.) The order directed Petitioner to file, within 30 days of the

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California Supreme Court's issuing a final order resolving her claims, a motion to lift the stay and

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an amended petition setting forth all exhausted claims.

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On October 9, 2018, Petitioner notified the Court that on September 19, 2018, the California
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Supreme Court denied review of her petition. Although more than thirty days have passed since

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the California Supreme Court issued a final order, Petitioner has not filed a motion to lift the stay

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and an amended petition.
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The Court has discretion to impose any and all sanctions authorized by statute or rule or

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within the inherent power of the Court, including dismissing the action, based on a petitioner’s

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failure to comply with a court order. Fed. R. Civ. P. 11; Local R. 110.

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Accordingly, the Court hereby orders that:
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1.

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Within fifteen (15) days from the date of service of this order, Petitioner

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shall file a written response to the Court, showing cause why the petition should not be

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dismissed for Petitioner’s failure to obey the Court’s order filed January 25, 2018.

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Submission of the amended petition for writ of habeas corpus within the fifteen-day-period

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shall be deemed compliance with this requirement.

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2.

The Clerk of Court shall mail a copy of this order to Petitioner’s address,

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along with a copy of the Court’s January 25, 2018, order (Doc. 6).

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3.

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Petitioner’s failure to comply with this order to show cause will result in the

undersigned’s recommending that the Court dismiss this action.

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IT IS SO ORDERED.

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Dated:
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October 23, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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