Opinion
2:21-cv-01667-MCS-MAA
06-22-2021
Gregory Chew v. W.L Montgomery
CIVIL MINUTES - GENERAL
HONORABLE MARIA A. AUDERO, UNITED STATES MAGISTRATE JUDGE
Proceedings (In Chambers): Order to Show Cause re: Petitioner's Failure to File Status Report
On March 30, 2021, the Court issued an Order granting Petitioner's motion for a Rhines stay and ordering Petitioner to file a status report every 60 days, providing the Court with an update on the progress of his habeas proceedings in the California courts (“Rhines Stay Order”). (ECF No. 10.) Over 60 days have elapsed since the Court issued its Rhines Stay Order, but Petitioner has not yet filed a status report.
The docket reflects that the Court's Rhines Stay Order was returned based on Petitioner's refusal to accept this item of mail. (See ECF No. 12 at 1.) Out of an abundance of caution, the Court will re-send its Rhines Stay Order. Accordingly, the Clerk is directed to attach a copy of the Rhines Stay Order to this Order to Show Cause.
Accordingly, Petitioner is ORDERED TO SHOW CAUSE no later than July 22, 2021 why the Court should not dismiss this action without prejudice for failure to prosecute and failure to comply with the Court's Rhines Stay Order. Alternatively, Petitioner may discharge this Order to Show Cause by filing the requisite status report.
Petitioner's failure to timely comply with this Order to Show Cause will result in a recommendation that this action be dismissed without prejudice for failure to prosecute and failure to follow court orders.
It is so ordered.
Attachments:
Rhines Stay Order (ECF No. 10)