Opinion
CV 14-8705-DMG (DFM)
07-21-2022
Miguel Angel Suarez v. Clark Ducart
Present The Honorable Douglas F. McCormick, United States Magistrate Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) Order to Show Cause
In 2014, Petitioner Miguel Angel Suarez filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254. Dkt. 1 (“Petition”). In 2017, due to legal developments in the state courts that might have impacted the outcome of this action, the Court granted Petitioner's motion for a stay. See Dkt. 55.
In April 2021, the Court ordered Petitioner to file and serve a status report keeping the Court informed of the status of Petitioner's exhaustion efforts within ninety (90) days and once every ninety (90) days thereafter. See Dkt. 56.
In October 2021, Petitioner filed a status report notifying the Court that he had belatedly received the April 2021 order and was still in the process of exhausting his state-court remedies. See Dkt. 58 at 1. However, the Court has not received any subsequent status report. This constitutes a continuing violation of the Court's April 2021 order to file and serve a status report keeping the Court informed of his exhaustion efforts “once every ninety (90) days” after filing the first status report. Dkt. 56.
Accordingly, Petitioner is ordered to show cause within twenty-one (21) days why the Court should not dismiss this action for failure to prosecute. Failure to respond to this order may result in a dismissal of this action. The filing of a status report responsive to the Court's April 2021 order is sufficient to discharge this order. The filing of a status report once every ninety (90) days thereafter is necessary to remain in compliance with the Court's April 2021 order.