Jose Murillo v. Neil McDowell ( 2024 )

CIVIL MINUTES – GENERAL Case No. 5:23-cv-00441-DOC-MAA Date: April 2, 2024 Title Jose Murillo v. Neil McDowell Present: The Honorable MARIA A. AUDERO, United States Magistrate Judge Cindy Delgado N/A Deputy Clerk Court Reporter / Recorder Attorneys Present for Petitioner: Attorneys Present for Respondent: N/A N/A Proceedings (In Chambers): Order to Show Cause Re: Dismissal for Lack of Prosecution On January 8, 2024, the Court granted Petitioner’s Motion for Stay and Abeyance pursuant to Rhines v. Weber, 544 U.S. 269 (2005) and ordered Petitioner to file status reports every sixty (60) days updating the Court about the progress of his habeas petitions in the California courts. (ECF No. 25, at 7.)1 To date, Petitioner has not filed any status report. Petitioner is ordered to show cause, in writing, no later than May 2, 2024, why this action should not be dismissed for lack of prosecution. If Petitioner files a status report on or before the above date, this Order to Show Cause will be discharged, and no additional action need be taken. Petitioner is cautioned that failure to respond to this Order may result in dismissal of the First Amended Petition without prejudice for failure to prosecute and/or failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). See C.D. Cal. L.R. 41-1. It is so ordered. 1 Pinpoint citations in this Order reference the page numbers generated by CM/ECF headers.