Washington v. Pfeiffer

Filing 13

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 5/18/18. Show Cause Response Due Within Fifteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRIS LAVALE WASHINGTON,

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Petitioner,

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No. 1:18-cv-00368-SKO HC

v.
C. PFEIFFER, Warden,

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

Respondent.
(Doc. 5)

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RESPONSE DUE IN FIFTEEN DAYS

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Petitioner, Chris Lavale Washington, is a state prisoner proceeding pro se with a petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 19, 2018, Petitioner filed his

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petition along with a motion for stay and abeyance pursuant to Rhines v. Weber, 544 U.S. 269

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(2005). (Docs. 1, 2.) Because Petitioner failed to set forth the proper grounds for a stay pursuant

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to Rhines,1 on March 29, 2018, United States Magistrate Judge Stanley A. Boone Ordered

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Petitioner to file supplemental briefing addressing whether he was entitled to a stay. (Doc. 5.)

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On May 1, 2018, this Court granted Petitioner a 15 day extension if time to file his supplemental

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briefing. (Doc. 11.)

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A district court may stay a mixed petition if (1) the petitioner demonstrates good cause for failing to have first
exhausted all claims in state court; (2) the claims potentially have merit; and (3) petitioner has not been dilatory in
pursuing the litigation. Rhines v. Weber, 544 U.S. 269, 277-78 (2005).

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Although more than 15 days have elapsed since the Court granted Petitioner an extension
of time, Petitioner has failed to file supplemental briefing.

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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. Within fifteen (15) days from the date of service of this Order, Petitioner shall

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

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dismissed for Petitioner’s failure to obey the Court’s Order filed on March 29,

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2018.

Submission of the required supplemental briefing shall be deemed

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compliance with this requirement.
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 March 29, 2018 Order (Doc. 5).
3. Petitioner’s failure to comply with this order to show cause will result in the

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recommendation to dismiss the above-captioned action.

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IT IS SO ORDERED.
Dated:

May 18, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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