Wu v. Aiken et al

Filing 6

ORDER TO SHOW CAUSE RE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Order to Show Cause Hearing set for Friday, 10/31/2014 09:01 AM. OSC Response filed by 10/24/14. Signed by Judge Yvonne Gonzalez Rogers on 10/3/14. (fs, COURT STAFF) (Filed on 10/3/2014)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

YUAN HUI WU,

9

Petitioner,

Case No.: C-14-1062-YGR
ORDER TO SHOW CAUSE

10
11

vs.

Northern District of California

United States District Court

12

TIMOTHY AIKEN, et al.,

13

Respondents.

14
15

Petitioner filed the instant Petition for Writ of Habeas Corpus on March 6, 2014. (Dkt. No.

16

1.) In June 2014, the Court issued an Order setting a compliance hearing regarding Petitioner’s

17

intention to prosecute his case. In that Order, the Court specified that Petitioner was to provide a

18

brief statement concerning whether Defendants have been served with the petition, whether

19

Petitioner had received an individualized bond hearing, and whether Petitioner intended to prosecute

20

this action. (Dkt. No. 4.) A hearing regarding the same was set for Friday, July 11, 2014.

21

Petitioner, through his counsel, did not appear for the hearing, nor did Petitioner file a statement.

22

(Dkt. No. 5.)

23

Accordingly, Petitioner is ORDERED TO SHOW CAUSE why this action should not be

24

dismissed for failure to prosecute and comply with its prior Order (Dkt. No. 4). Pursuant to Federal

25

Rule of Civil Procedure 41(b), a district court may sua sponte dismiss an action for failure to

26

prosecute or to comply with a court order. See Link v. Wabash R.R., 370 U.S. 626, 633 (1962);

27

McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991).

28

1

A hearing on this Order to Show Cause shall be held on October 31, 2014 on the Court’s

2

9:01 a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1.

3

No later than five days prior to the hearing, Petitioner shall file either (1) a statement

4

explaining his continued intent to prosecute this action and his reason for not complying with the

5

Court’s prior Order (Dkt. No. 4); or (2) a statement explaining his failure to comply with the instant

6

Order. If the Court is satisfied with Petitioner’s response, Petitioner need not appear and the hearing

7

will be taken off calendar. Failure to comply with this Order shall be deemed grounds for dismissal

8

with prejudice for failure to prosecute.

9
10
11

Northern District of California

United States District Court

12

IT IS SO ORDERED.
Date: October 3, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2