Petrozzi v. Thurston County Superior Court et al

Filing 10

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.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 TIMOTHY ROBERT PETROZZI, Petitioner, 11 12 13 14 15 16 CASE NO. 3:17-cv-05677-RBL-JRC ORDER TO SHOW CAUSE OR AMEND v. THURSTON COUNTY SUPERIOR COURT and THURSTON COUNTY CORRECTIONS, Respondent. The District Court has referred this petition for a writ of habeas corpus to the United 17 States Magistrate Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. § 18 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and MJR4. Petitioner filed the 19 petition pursuant to 28 U.S.C. § 2254. 20 Petitioner Timothy Robert Petrozzi challenges his convictions for driving under the 21 influence, intimidation of a judicial officer, driving without a license, assault, and obstruction of 22 justice. After reviewing his petition previously, the Court declined to serve it on respondents 23 because petitioner had not shown that his claims had been exhausted in state court and because 24 ORDER TO SHOW CAUSE OR AMEND - 1 1 he had named improper respondents. Dkt. 8. However, the Court provided petitioner with leave 2 to file an amended petition by October 27, 2017. Id. Petitioner has not yet done so. 3 In reviewing the record, the Court notes that the original order sent to petitioner was 4 returned to the Clerk’s office because petitioner was no longer in custody at Thurston County 5 Jail. Dkt. 9. Since petitioner’s relocation may have caused him to delay filing a response to the 6 Court’s previous order, the Court again orders him to show cause or amend. 7 Therefore, it is ORDERED: 8 (1) Petitioner shall show cause or file an amended petition on or before December 1, 9 2017 addressing the deficiencies noted in the Court’s previous order (Dkt. 8). Failure 10 to show cause or file an amended petition will result in the Court recommending 11 petitioner’s habeas petition be dismissed. 12 13 14 (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 15 habeas petition form. The Clerk is further instructed to provide petitioner a copy of 16 the Court’s previous order explaining the deficiencies in his habeas petition (Dkt. 8). 17 18 Dated this 14th day of November, 2017. A 19 20 J. Richard Creatura United States Magistrate Judge 21 22 23 24 ORDER TO SHOW CAUSE OR AMEND - 2

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