Myles v. Montgomery

Filing 33

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/24/2019 ORDERING, within 14 days, petitioner shall file a statement notifying the court whether he has a matter pending before the California Supreme Court or whether the Supreme Court has considered a habeas petition and ruled on it. Petitioner is warned that failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORLINDO ANTONIO MYLES,

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Petitioner,

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No. 2:15-cv-0591 TLN GGH P

v.

ORDER TO SHOW CAUSE

W. L. MONTGOMERY,

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Respondent.

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Petitioner is a state prisoner proceeding in this case through counsel. On March 11, 2016,

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the undersigned issued an order dismissing the first amended petition without prejudice pending

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exhaustion of state court remedies and recommending, in pertinent part, that the action be stayed

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pending the exhaustion of petitioner’s second claim. ECF No. 26. Petitioner was further granted

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thirty days following the final order of the state courts within which to file a motion for leave to

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amend the petition to include the newly exhausted claims. Id. The presiding District Judge

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adopted in full the March 11, 2016 Findings and Recommendations and granted a stay of this

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proceeding on April 22, 2016. ECF No. 27. To date, petitioner has not updated the court on the

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status of his exhaustion efforts.

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Good cause appearing, IT IS HEREBY ORDERED that petitioner shall, within 14 days

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from the date of this order, file a statement notifying the court whether he has a matter pending

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before the California Supreme Court or whether the Supreme Court has considered a habeas

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petition and ruled on it. Petitioner is warned that failure to comply with this order will result in a

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recommendation that this action be dismissed without prejudice.

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IT IS SO ORDERED.

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Dated: January 24, 2019

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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