Washington v. Pfeiffer

Filing 17

ORDER to SHOW CAUSE Why This Case Should Not Be Dismissed for Failure to Comply With a Court Order 16 , signed by Magistrate Judge Sheila K. Oberto on 10/1/2018: 20-Day Deadline. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CHRIS LAVALE WASHINGTON,

12
13
14
15

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

Petitioner,
v.
C. PFEIFFER, Warden,

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

Respondent.
(Doc. 16)

16

RESPONSE DUE IN TWENTY DAYS

17
18

Petitioner Chris Lavale Washington is a state prisoner proceeding with a petition for writ of
19

habeas corpus pursuant to 28 U.S.C. § 2254. On June 5, 2018, this Court granted Petitioner’s

20
motion for stay and abeyance. The order directed Petitioner to file an initial status report within
21
thirty (30) days and to file status reports every ninety (90) days thereafter. Although more than
22

thirty days have elapsed since the Court granted Petitioner’s motion for stay, Petitioner has failed

23
to file a current status report.
24
The Court has discretion to impose any and all sanctions authorized by statute or rule or
25

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

26
failure to comply with a court order. F.R.Civ.P. 11; Local R. 110.
27
28
1

1

Accordingly, the Court hereby orders that:

2

1.

Within twenty (20) days from the date of service of this order, Petitioner shall file

3

a written response to the Court, showing cause why the case should not be dismissed for Petitioner’s

4

failure to obey the Court’s order filed June 5, 2018. Submission of the required status report shall

5

be deemed compliance with this requirement.

6
7

2.

a copy of the Court’s June 5, 2018 order (Doc. 16).

8
9

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

3.

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

dismissal of the above-captioned action without further notice.

10
11
12
13

IT IS SO ORDERED.
Dated:

October 1, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.