Opinion
CV 21-08971-MEMF (AS)
07-12-2024
Demetric Andre Brooks v. Patrick Covello, Warden
PRESENT: THE HONORABLE ALKA SAGAR, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
Proceedings (In Chambers): (THIRD) ORDER TO SHOW CAUSE RE LACK OF PROSECUTION
The Court has ordered Petitioner to file status reports every sixty (60) days informing the Court whether he has filed a habeas petition in the California Court of Appeal and/or the California Supreme Court, the date on which the petition(s) was filed and the case number(s). (Dkt. Nos. 13, 24).
On April 19, 2024, Petitioner filed a status report and declaration stating that he did not know if he had filed a state habeas petition. (Dkt. Nos. 43-44). Petitioner's next status report was due on June 17, 2024, and to date, Petitioner has not filed a report, sought an extension to do so, or communicated with the Court.
Accordingly, Petitioner is once again ORDERED TO SHOW CAUSE, IN WRITING, no later than August 12. 2024, why this action should not be dismissed with prejudice for failure to prosecute and/or for failure to comply with Court orders.This Order will be discharged upon the filing of a Status Report or by filing a declaration under penalty of perjury stating why he is unable to do so.
The Court had previously issued four Orders to Show Cause due to Petitioner's failure to submit timely status reports. See Dkt. Nos. 19, 22, 27, 31, 32, and 38.
If Petitioner no longer wishes to pursue this action, he may request a voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). A notice of dismissal form is attached for Petitioner's convenience. Petitioner is warned that a failure to timely respond to this Order will result in a recommendation that this action be dismissed with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and obey court orders. Petitioner is further warned that he will not be granted further extensions of time, absent extraordinary circumstances.
IT IS SO ORDERED.