Gomez v. Unknown

Filing 7

ORDER signed by Magistrate Judge Gregory G. Hollows on 11/5/2018 ORDERING that within 30 days of the entry of this order petitioner shall SHOW CAUSE why this matter should not be dismissed. Petitioner is warned that a failure to respond to this order timely shall result in an immediate recommendation that the district court enter an order dismissing the petition with prejudice. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALFREDO GOMEZ,

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Petitioner,

No. 2:18-cv-1738
ORDER TO SHOW CAUSE

v.
UNKNOWN,

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Respondent.

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Petitioner filed motion for stay and abeyance on June 15, 2018. ECF No. 1. On July 16,

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2018 this court issued an order that denied the motion and informed petitioner that a petition for

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habeas corpus must be filed before a request for stay and abeyance can be addressed, and

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provided him with this court’s form to assist him in preparing a petition for writ together with a

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copy of the court’s in forma pauperis application form which he must file if he wishes to avoid

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paying the filing fee required by the court. To date, now more than 3 months after the order was

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issued, petitioner has failed to take any action.

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In light of the foregoing IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days of the entry of this order petitioner shall show cause why

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this matter should not be dismissed for failure to prosecute and/or to follow a court order pursuant

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to Federal Rule of Civil Procedure 41(b).
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2.

Petitioner is warned that a failure to respond to this order timely shall result in an

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immediate recommendation that the district court enter an order dismissing the petition with

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prejudice for failure to prosecute and/or to obey an order of the court.

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IT IS SO ORDERED.
Dated: November, 5, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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