Toscano v. Terhune

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 8/26/11 ORDERING that petitioner show cause, within 30 days from this order, why this action should not be dismissed for failure to prosecute. (Matson, R)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROSS TOSCANO, Petitioner, 11 12 vs. 13 No. CIV S-02-2184 MCE EFB P C. A. TERHUNE, 14 Respondent. ORDER TO SHOW CAUSE / 15 16 Petitioner is a state prisoner proceeding in propria persona with a petition for a writ of 17 habeas corpus pursuant to 28 U.S.C. ยง 2254. By order dated March 10, 2003, this matter was 18 administratively stayed to allow petitioner the opportunity to exhaust a claim in state court. 19 Although petitioner filed a status report on March 25, 2003, he has not corresponded with the 20 court since that time. In light of the above, petitioner will be granted thirty days from the date of 21 this order to show cause why this action should not be dismissed for failure to prosecute. See 22 Fed. R. Civ. P. 41(b); L.R. 110. 23 Accordingly, IT IS ORDERED that petitioner show cause, within thirty days from this 24 order, why this action should not be dismissed for failure to prosecute. 25 DATED: August 26, 2011. 26

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