Sandoval v. Tilton

Filing 42

ORDER DIRECTING RESPONDENT TO LODGE STATE COURT RECORD AND NOTICE OF SANCTIONS signed by Magistrate Judge John L. Weinberg on 7/1/10 ORDERING that on or before Wednesday, June 7, 2010, counsel for respondent shall file all relevant portions of the Reporter's Transcript and Clerk's Transcript in compliance with this Court's Order and all federal and local rules. (Becknal, R)

01 02 03 04 05 06 07 08 09 10 11 HERMAN GARCIA SANDOVAL, 12 13 14 15 16 17 Petitioner is a state prisoner proceeding pro se with an application for a writ of habeas ) ) Petitioner, ) ) v. ) ) MIKE MARTEL, Warden, ) ) Respondent. ) ____________________________________ ) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CASE NO. 2:07-cv-00004-RSM-JLW

ORDER DIRECTING RESPONDENT TO LODGE STATE COURT RECORD AND NOTICE OF SANCTIONS

18 corpus pursuant to 28 U.S.C. § 2254. By Order filed March 1, 2010, respondent was directed 19 to file an answer to the second amended petition within forty-five days from the date 20 petitioner filed his amended petition. (See Docket 37 at 2.) Petitioner timely filed his second 21 amended petition on March 29, 2010. (See Dkt. 38.) Counsel for respondent failed to file a 22 response within the forty-five day period provided by this Court's Order.

SECOND ORDER TO SHOW CAUSE

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After directing counsel to file an answer and to show cause why sanctions should not

02 be imposed for failure to comply with this Court's March 1, 2010 Order, counsel for 03 respondent filed an answer on the fourteenth day of this Court's fourteen-day deadline. (See 04 Dkt. 40 and 41.) He failed, however, to lodge the state court record with the answer. 05 The Court finds such failure inexcusable. Counsel for respondent has been directed

06 repeatedly to comply with this Court's rules and orders. In fact, he was specifically directed 07 to comply with Rule 5 of the Rules governing Section 2254 Cases in the Court's February 26, 08 2010, Order. (See Dkt. 37.) Counsel for respondent went so far as to specifically 09 acknowledge the relevance of the state court's record in the answer by citing it and stating 10 that relevant transcripts would be filed with the Answer. (See Dkt. 41 at 3.) No such 11 documents have been lodged with the court, in violation of Rule 5, above, and Local Rule 12 190(f). See Local Rule 190(f) (requiring state court habeas transcripts, if filed in paper, be 13 filed concurrently with the filing of a Notice of Filing in Paper Format). 14 Counsel for respondent's delays and failure to comply with this Court's rules and

15 orders has prevented this Court from expeditiously addressing the merits of the second 16 amended petition. Counsel for respondent is therefore apprised that failure to timely comply 17 with this Order will result in the imposition of monetary and/or other sanctions. See Local 18 Rule 110 ("Failure of counsel or of a party to comply with these Rules or with any order of 19 the Court may be grounds for imposition by the Court of any and all sanctions authorized by 20 statute or Rule or within the inherent power of the Court."). No further admonitions will be 21 given. 22

SECOND ORDER TO SHOW CAUSE

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Accordingly, IT IS HEREBY ORDERED that on or before Wednesday, June 7,

02 2010, counsel for respondent shall file all relevant portions of the Reporter's Transcript and 03 Clerk's Transcript in compliance with this Court's Order and all federal and local rules. 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 DATED this 1st day of July, 2010.

JOHN L. WEINBERG United States Magistrate Judge

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SECOND ORDER TO SHOW CAUSE

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