Fowler v. Lewis

Filing 48

ORDER TO SHOW CAUSE why the case should not be dismissed for failure to schedule the evidentiary hearing. Signed by Judge Whyte on 4/19/2013. (rmwlc2, COURT STAFF) (Filed on 4/19/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California SAN JOSE DIVISION 11 12 GEOFFREY NELSON FOWLER, Petitioner, 13 14 15 16 Case No. C-02-03834-RMW ORDER TO SHOW CAUSE v. GAIL LEWIS, Warden of the California State Prison at Pleasant Valley, Respondent. 17 18 19 On March 19, 2010, the court ordered the parties to agree upon a date for an evidentiary 20 hearing on disputed factual issues relating to Fowler's claim that he was denied effective assistance 21 of counsel based on the trial counsel's failure to advise him of a plea offer. Order, Dkt. No. 47. The 22 parties have never contacted the court to schedule the evidentiary hearing. Therefore, by June 19, 23 2013, the parties must either contact the court to schedule the hearing or Fowler must show cause 24 why the case should not be dismissed. 25 26 27 Dated: April 19, 2013 _________________________________ RONALD M. WHYTE United States District Judge 28 ORDER TO SHOW CAUSE Case No. C-02-03834-RMW SW -1-

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