Ramirez v. Roark et al

Filing 7

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Show Cause Response due by April 18, 2018. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ISAAC MARK RAMIREZ,
Petitioner,
vs.

No. CV 17-00453 JCH/KRS

JERRY ROARK, WARDEN,
et al.,
Respondents.

ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte under Fed. R. Civ. P. 41(b). Petitioner
Isaac Mark Ramirez filed his Petition under 28 U.S.C. § 2254 on April 13, 2017. On April 26,
2017, the Court denied Petitioner’s motion for leave to proceed in forma pauperis on the grounds
that Petitioner’s Motion disclosed more than sufficient assets to pay the $5.00 filing fee for this
proceeding. (Doc. 4). Accordingly, the Court ordered Petitioner Ramirez to pay the $5.00 fee
within 30 days. (Doc. 4). To date, Petitioner has not paid the required fee.
The Court may dismiss an action under Fed. R. Civ. P. 41(b) for failure to prosecute, to
comply with the rules of civil procedure, or to comply with court orders. See Olsen v. Mapes,
333 F.3d 1199, 1204, n. 3 (10th Cir. 2003). Petitioner will therefore be ordered to show cause,
within twenty-one (21) days of entry of this Order, why his case should not be dismissed for
failure to comply with the Court’s April 26, 2017 Order and for failure to prosecute this action.
IT IS SO ORDERED.
___________________________________
UNITED STATES MAGISTRATE JUDGE

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