Love v. Hill
Filing
13
ORDER TO SHOW CAUSE RE RESPONSE TO PENDING MOTION TO DISMISS CLAIMS. Signed by Judge Jeffrey S. White on 11/8/13. (jjoS, COURT STAFF) (Filed on 11/8/2013)
1
2
3
4
5
6
7
8
9
IN THE UNITED STATES DISTRICT COURT
11
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
10
12
13
TERRELL LOVE,
14
15
16
17
No. C 12-6068 JSW
Petitioner,
v.
ORDER TO SHOW CAUSE RE
RESPONSE TO PENDING
MOTION TO DISMISS CLAIMS
RICK HILL, Warden,
Respondent.
/
18
19
Petitioner Terrell Love, a state prisoner, has filed a petition for a writ of habeas corpus
20
pursuant to 28 U.S.C. ยง 2254. Respondent has filed a motion to dismiss Claim V as
21
procedurally defaulted and Claim IV and unexhausted. Petitioner sought and was granted an
22
extension of time to file a response to the pending motion to dismiss by no later than September
23
23, 2013. As of the date of this Order, Petitioner has failed to file a response.
24
Accordingly, this Court VACATES the hearing on the motion to dismiss currently set
25
for November 15, 2013 and ISSUES this Order to Show Cause to Petitioner to require a
26
response in writing by no later than November 15, 2013 as to why the challenged claims should
27
not be dismissed with prejudice. The response shall also address whether Petitioner intends to
28
maintain the rest of his claims and, if so, proffer a schedule for the remaining briefing of the
1
matter. Should Petitioner fail to respond timely to this Order or fail to file timely briefing in the
2
future, he shall face monetary and other sanctions, up to and including dismissal of this habeas
3
petition.
4
5
IT IS SO ORDERED.
Dated:
November 8, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
6
7
8
9
11
For the Northern District of California
United States District Court
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?