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Steven Eric Mckneialy v. Central District of California

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 13, 2012

STEVEN ERIC MCKNEIALY
v.
CENTRAL DISTRICT OF CALIFORNIA

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

CIVIL MINUTES - GENERAL

Present: The Honorable Frederick F. Mumm, United States Magistrate Judge

James Munoz None None Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Petitioner: Attorneys Present for Respondent:

None Present None Present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

On May 3, 2012, this Court entered an order granting the petitioner three days within which to (1) confirm that he wished to dismiss the instant petition in its entirety; (2) file a second amended petition that deleted the unexhausted Ground Six; or (3) file a seeking to stay these proceedings pending exhaustion of petitioner's unexhausted claims. The Court reminded petitioner that if he sought a stay, he must demonstrate that: there was good cause for his failure to exhaust his claims in state court; (2) the unexhausted claims are potentially meritorious and (3) he did not engage in intentionally dilatory litigation tactics.

As of this date, petitioner has not complied with the Court's directive. Instead, on May 31, 2012, petitioner filed a document stating that he intended to seek exhaustion of Ground Six in the California Supreme Court.

Given the foregoing circumstances, the Court orders petitioner to show cause within 30 days of the date of this order why Ground Six should not be dismissed for unexhausted. If petitioner seeks a stay of these proceedings, pending his exhaustion of Ground Six, he must file a motion requesting such stay within 30 days of date of this order. Any such motion must comply with the requirements set forth

IT IS SO ORDERED.

Initials of Preparer JM

20120613

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