(HC) Griffin v. Martinez

Opinion

ROBERT LEE GRIFFIN, Case No. 1:17-cv-01137-DAD-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED FOR v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 19 Petitioner Robert Lee Griffin, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On June 25, 2018, the court granted petitioner’s motion to stay his petition and hold it in abeyance, pending exhaustion of his state court remedies. ECF No. 19. Petitioner was ordered to file a status report every 90 days, detailing his progress in exhausting his claims. Id. at 2. Petitioner was ordered to file a motion to lift the stay and an amended petition within 30 days of the California Supreme Court issuing a final order resolving his unexhausted claims. Id. The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a court has a duty to resolve disputes expeditiously. See Fed. R. Civ. P. 1; Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir. 2002). Here, petitioner has failed to file regular status reports with the court. In petitioner’s November 15, 2019 status report, he stated that the California Supreme Court ruled on his unexhausted claims in June 2019 and that his amended petition was forthcoming. We have not received an amended petition and more than 30 days have passed since petitioner’s claims were fully exhausted. Therefore, we will order petitioner to show cause why his case should not be dismissed for his failure to prosecute and failure to comply with a court order. Order We order petitioner to show cause why his petition should not be dismissed. If petitioner wishes to continue seeking habeas relief, he should respond to this order within fourteen days from the date of service with an amended petition. The clerk’s office is directed to send petitioner a blank habeas petition form. ( Waban Dated: _ February 24, 2020 UNIT#D STATES MAGISTRATE JUDGE No. 206.