UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
December 7, 2012
TITLE: SHANDALE REYES
The opinion of the court was delivered by: Hon. Andrew J. Wistrich, U.S. Magistrate Judge
PRESENT: HON. ANDREW J. WISTRICH, U.S. MAGISTRATE JUDGE
Deputy Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
ORDER TO SHOW CAUSE
On September 29, 2011, the Court granted petitioner's request for a stay so that petitioner could exhaust his state remedies with respect to four of the claims presented in his petition. Petitioner was directed to file and serve status reports every twenty-eight (28) days thereafter informing the Court of his efforts to exhaust his state remedies. Petitioner was cautioned that failure to timely file status reports might result in dismissal of the unexhausted claims from this case.
Petitioner, who is now represented by counsel, filed his last status report on July 26, 2012. That report indicated that counsel could not determine whether petitioner had filed any petition in state court in order to exhaust his state remedies. Petitioner's counsel stated that intended to confer with petitioner regarding efforts to exhaust state remedies.
On September 27, 2012, after no further status report from petitioner, the Court issued an order to show cause why the petition should not be dismissed for failure to prosecute this case or comply with the Court's order. Petitioner's counsel filed a response on October 17, 2012, again indicating that he was not sure whether petitioner had taken any steps to file a petition in state court. Petitioner's counsel stated that he would be able to notify the Court within forty-five days whether or not the state petition has been filed and whether or not withdrawal of the unexhausted claims was warranted. As of the date of this order, petitioner's counsel has not filed such a status report.
Petitioner shall have twenty-eight (28) days from the date of this order within which to file a status report indicating the status of his efforts to exhaust (including an explanation for what appears to be undue delay and a lack of diligence) and whether he intends to withdraw the unexhausted claims from the petition.
Petitioner is cautioned that his failure to comply with this order will be deemed his consent to the dismissal of this mixed petition without prejudice.*fn1
IT IS SO ORDERED.
MINUTES FORM 11 Initials of Deputy Clerk________ CIVIL-GEN