Opinion
2:21-03315 ADS
07-12-2021
Mark Mitchell v. Felicia Ponce
CIVIL MINUTES - GENERAL
AUTUMN D. SPAETH, UNITED STATES MAGISTRATE JUDGE
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL
On April 13, 2021, petitioner Mark Mitchell (“Petitioner”) filed a Petition for Writ of Habeas Corpus by a Person in Federal Custody. [Dkt. No. 1]. On June 3, 2021, Respondent filed a Motion to Dismiss arguing the Petition should be dismissed for the following reasons: (1) the Petition is premature; (2) the Court lacks jurisdiction since Petitioner's Ground Two challenges the Federal Bureau of Prisons' statutory interpretation; and (3) Petitioner failed to pursue the administrative remedy process. [Dkt. No. 12].
In the Court's April 23, 2021 Order Requiring Response to Petition, Petitioner was given twenty (20) days to file an Opposition, if any, to the Motion to Dismiss. [Dkt. No. 4, p. 2]. As of the date of this Order, Petitioner has not filed an Opposition to the Motion to Dismiss. Pursuant to the Local Rules of the Central District of California, Petitioner's failure to file an opposition to the Motion to Dismiss may be deemed consent to the granting of the Motion to Dismiss. See L.Rs. 7-9, 7-12.
In the interests of justice, Petitioner is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed for the reasons stated in the Motion to Dismiss and/or failure to prosecute this Petition, by no later than July 26, 2021.
In the alternative, Petitioner may file a notice of voluntary dismissal of this action pursuant to Federal Rule of Civil Procedure 41(a). The Clerk of Court is directed to attach a Notice of Dismissal Form (CV-009) to this Order for Petitioner's convenience.
Petitioner is cautioned that failure to timely file a response may result in dismissal of this action due to failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.