Hill v. Biter

Filing 49

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 9/9/14 ORDERING that counsel for petitioner show cause in writing within 30 days why monetary sanctions should not be imposed on counsel for his failure to file a traverse pursuant to this courts order of September 25, 2014.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CERON HILL,

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No. 2:12-cv-2098 MCE DAD P
Petitioner,

v.

ORDER TO SHOW CAUSE

MARTIN D. BITER,
Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner’s habeas petition was filed on August 10,

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2012. After a motion to dismiss filed by respondent was denied by the court, respondent filed an

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answer to the petition on February 13, 2014. On March 20, 2014, counsel for petitioner filed a

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motion for extension of time to file a traverse. By order dated April 10, 2014, petitioner was

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granted 30 days to file a traverse. On July 10, 2014, counsel for petitioner filed another, belated,

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request for extension of time to file a traverse. By order dated September 25, 2014, petitioner

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was granted another 30 days to file a traverse. As of the date of this order, still no traverse has

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been filed by petitioner’s counsel. In addition, the undersigned has been forwarded an email from

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petitioner’s mother, in which she expresses concern that petitioner’s counsel has not complied

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with this court’s order to file a traverse notwithstanding the fact that counsel was retained to

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represent her son in this habeas action.
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Accordingly, good cause appearing, IT IS HEREBY ORDERED that counsel for

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petitioner show cause in writing within 30 days why monetary sanctions should not be imposed

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on counsel for his failure to file a traverse pursuant to this court’s order of September 25, 2014.

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Dated: September 9, 2014

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DAD:8
Biter2098.osc

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