Stamps v. Grounds

Filing 23

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE; NOTICE OF IMMINENT DISMISSAL. Signed by Judge Beth Labson Freeman on 12/29/2015. (blflc2S, COURT STAFF) (Filed on 12/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KEITH STAMPS,

Case No. 12-cv-05753-BLF

Petitioner,
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v.
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RANDY GROUNDS,
Respondent.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE; NOTICE
OF IMMINENT DISMISSAL

United States District Court
Northern District of California

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To Petitioner Keith Stamps, you are hereby ORDERED to SHOW CAUSE why this case

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should not be dismissed for failure to prosecute and for failure to comply with numerous court

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orders.

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State prisoner Keith Stamps, through counsel, filed this petition for a writ of habeas corpus

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on November 8, 2012. ECF 1. On March 12, 2013, Judge Alsup granted Petitioner’s Motion to

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File an Amended Petition and to Stay and Abate Petition pending exhaustion in state court and

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ordered Petitioner to provide an update on the state proceedings by no later than October 2, 2013.

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ECF 10. On October 15, 2013, Petitioner filed a status report, “apologiz[ing] for the tardiness” of

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the update and informing the court that the case remained pending before the California Supreme

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Court. ECF 11.

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The same day, Judge Alsup ordered Petitioner to further update the court by January 19,

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2014. ECF 12. Petitioner failed to update the court by that deadline. On January 27, 2014, Judge

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Alsup issued a second order to file a status report, this time by January 30, 2014, and alerted

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Petitioner that failure to respond could result in dismissal. ECF 13. On January 31, 2014,

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Petitioner filed an update informing the court that the state case remained pending and again

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“apologize[d] . . . for overlooking [the c]ourt’s October 15, 2013 order.” ECF 14.

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On February 3, 2014, Judge Alsup ordered Petitioner to provide further updates by April 3,

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2014. ECF 15. Petitioner complied with the deadline, informing the court that the state matter

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remained pending. ECF 16. The same day, Judge Alsup ordered Petitioner to provide further

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updates by July 17, 2014. ECF 17. Petitioner failed to do so.

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The case was reassigned to Judge Chhabria on April 17, 2014 and the parties were ordered

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to submit a joint case management statement. The parties failed to do so. The court ordered the

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parties to submit a statement by May 14, 2014. The parties again failed to do so.

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On August 28, 2014, a Clerk’s notice directed Petitioner to file a status update by October
14, 2014. ECF 19. Petitioner failed to do so.
On October 21, 2014, the case was reassigned to this Court. On June 2, 2015, this Court

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United States District Court
Northern District of California

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ordered Petitioner to update the Court as to the status of the state court proceedings by June 19,

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2015 and notified Petitioner that failure to do so could result in dismissal of his petition. ECF 22.

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Petitioner failed to meet this deadline.

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Since providing the status update on April 3, 2014—nearly 21 months ago—Petitioner has

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failed to take any action in this case, notwithstanding five orders by the court to do so. The Court

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notes that its polite requests have not been effective in gaining the attention of counsel.

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Failure to comply with these court orders or to prosecute this case both constitute grounds

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for dismissal of this action with prejudice under Federal Rule of Civil Procedure 41(b).

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Accordingly, the Court ORDERS Petitioner to show cause on or before January 21, 2016 why this

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action should not be dismissed with prejudice for failure to comply with court orders and for

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failure to prosecute. If Petitioner does not respond, the Court will dismiss the action with prejudice

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pursuant to Federal Rule of Civil Procedure 41(b) without further notice.

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IT IS SO ORDERED.

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Dated: December 29, 2015
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BETH LABSON FREEMAN
United States District Judge

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