Opinion
5:22-cv-01508-AB (MAR)
10-14-2022
Gaylord A. McKenzie v. Warden
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION
Present: Honorable: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
CIVIL MINUTES - GENERAL
HONORABLE: MARGO A. ROCCONI, UNITED STATES MAGISTRATE JUDGE
Petitioner has filed the instant Petition for Writ of Habeas Corpus pursuant to U.S.C. § 2254 (“section 2254”). ECF Docket No. (“Dkt.”) 1. On September 1, 2022, the Court issued an Order to Show Cause Why Claim Three Should Not Be Dismissed (“OSC”). Dkt. 6. To date, Plaintiff has not responded to the Court's OSC.
Accordingly, Plaintiff is ordered to show cause in writing within twenty-one (21) days of this Order, by November 4, 2022, why Claim Three should not be dismissed as unexhausted. The Court will consider any of the following two (2) options to be an appropriate response to this OSC:
(1) Plaintiff shall elect one of the three (3) options from the Court's September 1, 2022 OSC; or
(2) Plaintiff shall provide the Court with an explanation as to why he has failed to respond to the Court's September 1, 2022 OSC.
The Court warns Petitioner that failure to timely respond as directed in this Order will result in dismissal of Claim Three as unexhausted.
IT IS SO ORDERED.