UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 15, 2013
G.D. LEWIS, WARDEN
The opinion of the court was delivered by: Honorable Sheri Pym, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Present: The Honorable Sheri Pym, United States Magistrate Judge
Kimberly I. Carter None None
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendant:
None Present None Present Proceedings: (In Chambers) Order to Show Cause Why the Kelly Stay Should Not Be
Vacated for Failure to File a Status Report
On December 28, 2012, the court issued a minute order granting petitioner's for a Kelly stay and requiring petitioner to file a status report by March 28, 2013 and every 90 days thereafter. In the status report, petitioner was to address the status of petitioner's state habeas petition(s), including the date on which each petition was filed, the court in which it is pending, the case number, and any recent activity. In the court's January 30, 2013 Order Denying Possible Request to Lift the Stay and Amend the Petition, petitioner was reminded to file a status report no later than March 28, 2013. In orders, petitioner was cautioned that if he fails to act diligently in seeking to exhaust his state court remedies or fails to act within the time frames discussed above, the court may vacate the stay and prohibit petitioner from raising any new claims in this
Over two weeks have passed beyond the deadline of March 28, 2013, and petitioner has failed to file a status report. Nor has petitioner made any other communication with the court. Petitioner is therefore in violation of the court's order. As such, plaintiff is ordered to show cause by May 6, 2013 as to why the Kelly stay not be vacated and why petitioner should not be prohibited from raising new in this action for failure to comply with the court's order to file a status report. Petitioner may discharge this order to show cause by filing the required status report by 6, 2013.
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