Blanchard v. Garnette et al

Filing 7

ORDER TO SHOW CAUSE. Signed by Magistrate Judge Jacqueline Scott Corley on 9/2/2015. (ahm, COURT STAFF) (Filed on 9/2/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MICHAEL BLANCHARD, Case No. 15-cv-01407-JSC Plaintiff, 8 v. ORDER TO SHOW CAUSE 9 10 LAURA GARNETTE, et al., Re: Dkt. No. 4 Defendants. United States District Court Northern District of California 11 12 13 Petitioner, on probation and therefore in custody in the State of California, filed a habeas 14 corpus petition pursuant to 28 U.S.C. § 2254. On April 15, 2015, the Court issued an Order 15 directing Petitioner to serve respondent and respondent’s attorney with a copy of the Order and the 16 petition, and requiring respondent to file within 91 days of the Order an answer showing cause 17 why a writ of habeas corpus should not be granted. (Dkt. No. 4.) That deadline has long since 18 passed. To date, there is no proof of service on the docket. As a result, Defendant has not 19 appeared in this action, let alone filed an answer explaining why the writ should not issue. Given 20 his apparent failure to serve Defendant, Plaintiff is hereby ORDERED to SHOW CAUSE by 21 September 16, 2015, why his petition should not be dismissed for failure to prosecute. 22 23 IT IS SO ORDERED. Dated: September 2, 2015 24 25 26 27 28 ________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge

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