(HC) Griffin v. Martinez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEE GRIFFIN, Case No. 1:17-cv-01137-DAD-JDP 12 Petitioner, ORDER TO SHOW CAUSE WHY PETITION SHOULD NOT BE DISMISSED FOR 13 v. FAILURE TO PROSECUTE AND FAILURE TO COMPLY WITH A COURT ORDER 14 JOEL D. MARTINEZ, OBJECTIONS DUE IN FOURTEEN DAYS 15 Respondent. ECF No. 19 16 17 Petitioner Robert Lee Griffin, a state prisoner without counsel, seeks a writ of habeas 18 corpus under 28 U.S.C. § 2254. ECF No. 1. On June 25, 2018, the court granted petitioner’s 19 motion to stay his petition and hold it in abeyance, pending exhaustion of his state court remedies. 20 ECF No. 19. Petitioner was ordered to file a status report every 90 days, detailing his progress in 21 exhausting his claims. Id. at 2. Petitioner was ordered to file a motion to lift the stay and an 22 amended petition within 30 days of the California Supreme Court issuing a final order resolving 23 his unexhausted claims. Id. 24 The court may dismiss a case for plaintiff’s failure to prosecute or failure to comply with a 25 court order. See Fed. R. Civ. P. 41(b); Hells Canyon Pres. Council v. U.S. Forest Serv., 403 F.3d 26 683, 689 (9th Cir. 2005). Involuntary dismissal is a harsh penalty, but a court has a duty to 27 resolve disputes expeditiously. See Fed. R. Civ. P. 1; Pagtalunan v. Galaza, 291 F.3d 639, 642 28 (9th Cir. 2002). 1 Here, petitioner has failed to file regular status reports with the court. In petitioner’s 2 | November 15, 2019 status report, he stated that the California Supreme Court ruled on his 3 | unexhausted claims in June 2019 and that his amended petition was forthcoming. We have not 4 | received an amended petition and more than 30 days have passed since petitioner’s claims were 5 | fully exhausted. Therefore, we will order petitioner to show cause why his case should not be 6 | dismissed for his failure to prosecute and failure to comply with a court order. 7 | Order 8 We order petitioner to show cause why his petition should not be dismissed. If petitioner 9 | wishes to continue seeking habeas relief, he should respond to this order within fourteen days 10 | from the date of service with an amended petition. The clerk’s office is directed to send 11 || petitioner a blank habeas petition form. 12 3 IT IS SO ORDERED. 14 ( Waban Dated: _ February 24, 2020 15 UNIT#D STATES MAGISTRATE JUDGE 16 17 | No. 206. 18 19 20 21 22 23 24 25 26 27 28