Petrozzi v. Thurston County Superior Court et al
ORDER TO SHOW CAUSE OR AMEND, signed by Magistrate Judge J Richard Creatura. Petitioner's show cause response or amended petition due by 12/1/2017. (Attachments: # 1 Habeas Petition (blank), # 2 Previous Order to Show Cause (#8))(CMG)(cc of order w/blank petition form and a copy of the previous show cause order mailed to Petitioner.)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TIMOTHY ROBERT PETROZZI,
CASE NO. 3:17-cv-05677-RBL-JRC
ORDER TO SHOW CAUSE OR
THURSTON COUNTY SUPERIOR
COURT and THURSTON COUNTY
The District Court has referred this petition for a writ of habeas corpus to the United
States Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §
636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed the
petition pursuant to 28 U.S.C. § 2254.
Petitioner Timothy Robert Petrozzi challenges his convictions for driving under the
influence, intimidation of a judicial officer, driving without a license, assault, and obstruction of
justice. After reviewing his petition previously, the Court declined to serve it on respondents
because petitioner had not shown that his claims had been exhausted in state court and because
ORDER TO SHOW CAUSE OR AMEND - 1
he had named improper respondents. Dkt. 8. However, the Court provided petitioner with leave
to file an amended petition by October 27, 2017. Id. Petitioner has not yet done so.
In reviewing the record, the Court notes that the original order sent to petitioner was
returned to the Clerk’s office because petitioner was no longer in custody at Thurston County
Jail. Dkt. 9. Since petitioner’s relocation may have caused him to delay filing a response to the
Court’s previous order, the Court again orders him to show cause or amend.
Therefore, it is ORDERED:
(1) Petitioner shall show cause or file an amended petition on or before December 1,
2017 addressing the deficiencies noted in the Court’s previous order (Dkt. 8). Failure
to show cause or file an amended petition will result in the Court recommending
petitioner’s habeas petition be dismissed.
(2) Petitioner is instructed to provide the Court with a notice of address change,
informing the Court of his current address.
(3) The Clerk is directed to provide petitioner with a copy of this order and a blank
habeas petition form. The Clerk is further instructed to provide petitioner a copy of
the Court’s previous order explaining the deficiencies in his habeas petition (Dkt. 8).
Dated this 14th day of November, 2017.
J. Richard Creatura
United States Magistrate Judge
ORDER TO SHOW CAUSE OR AMEND - 2
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