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Butler v. Adams

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 22, 2010

MAURICE BUTLER
v.
DERRAL G. ADAMS, WARDEN, C.S.P.

The opinion of the court was delivered by: The Honorable Frederick F. Mumm, United States Magistrate Judge

CIVIL MINUTES - GENERAL

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On January 6, 2010, petitioner Maurice Butler filed with this Court a Petition for Writ of Habeas Corpus. On January 11, 20109, this Court dismissed the petition with leave to amend and granted petitioner up to February 10, 2010 to file an amended petition.

On February 3, 2010, petitioner filed a motion for stay. On April 21, 2010, the Court denied petitioner's motion for stay and granted the option of filing an amended petition, deleting the unexhausted Ground Three or doing nothing, in which case the Court would issue a Report and Recommendation that Ground Three be dismissed without prejudice. The last day for petitioner to file an amended petition has passed and the Court has not received any amended petition.

Petitioner is ordered to advise the Court within twenty (20) days of the date of this order whether he wishes to dismiss the entire petition or proceed with only the exhausted claims in the pending petition.

Failure to file a timely response to this order will be deemed consent to the dismissal of the unexhausted claims from this action.

Initials of Preparer JM

20100622

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