Staggs v. Zabel et al

Filing 10

MEMORANDUM AND ORDER ENTERED: Petitioner is directed to show cause on or before June 17, 2011, why this matter should not be dismissed for lack of prosecution. The failure to file a timely response may result in the dismissal of this matter without additional prior notice to the petitioner. Warden James Heimgartner is substituted as the respondent in this matter and the individual respondents are dismissed. Signed by Senior District Judge Sam A. Crow on 5/17/2011. (Mailed to pro se party Scott L. Staggs by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

SCOTT L. STAGGS,
Petitioner,
CIVIL ACTION
No. 10-3113-SAC

vs.
JAMES HEIMGARTNER,1

Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed pursuant
to 28 U.S.C. § 2254.

By its order of April 5, 2011, the court

granted petitioner an extension of time to and including May 6,
2011, to complete and return the form petition.
Petitioner has not filed a response, and it is unclear
whether he intends to pursue this action.

Accordingly, the

court enters the present order pursuant to D. Kan. R. 41.1,
Dismissal for Lack of Prosecution, which provides:
At any time, the court may issue an order to show
cause why a case should not be dismissed for lack of
1

The court substitutes petitioner’s custodian as the
respondent in this matter. See Rules Governing Habeas
Corpus Cases Under Section 2254, Rule 2(a)(where the
applicant for relief challenges present custody, “the state
officer having custody of the applicant shall be named as
respondent.”)

prosecution. If good cause is not shown within the
time prescribed by the show cause order, the court may
enter an order of dismissal. The dismissal will be
with prejudice unless the court otherwise specifies.
IT

IS,

THEREFORE,

BY

THE

COURT

ORDERED

petitioner

is

directed to show cause on or before June 17, 2011, why this
matter should not be dismissed for lack of prosecution.

The

failure to file a timely response may result in the dismissal of
this matter without additional prior notice to the petitioner.
IT IS FURTHER ORDERED Warden James Heimgartner is substituted as the respondent in this matter, and the individual
defendants are dismissed.
A copy of this order shall be transmitted to the petitioner.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 17th day of May, 2011.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

2