Adrian Garcia v. Pennington
Adrian Garcia v. Pennington
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 5:24-cv-01722 PA (ADS) Date: March 25, 2024 Title: Adrian Garcia v. Pennington
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
Kristee Hopkins None Reported Deputy Clerk Court Reporter / Recorder
Attorney(s) Present for Petitioner(s): Attorney(s) Present for Respondent(s): None Present None Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE REGARDING PETITIONER’S FAILURE TO FILE A STATUS REPORT
On December 6, 2024, the Court granted Petitioner’s Motion to Stay Case. (Dkt. No. 16.) The Court ordered Petitioner to file a Status Report every ninety (90) days during the pendency of the stay to inform the Court on the status of the state habeas proceedings. (Id. at 2.) Accordingly, Petitioner was required to file a status report with the Court by March 6, 2025. Petitioner has not filed a status report of otherwise communicated with the Court as of the date of this Order.
By no later than April 7, 2025, Petitioner is ORDERED TO SHOW CAUSE in writing why this action should not be dismissed for failure to prosecute and follow court orders. Petitioner may respond to this Order by filing a Status Report.
If Petitioner no longer wishes to pursue his claims, he may request a voluntary dismissal of this action pursuant to Federal Rules 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 hereby cautioned that failing to comply with this Order will result in the recommendation that this action be dismissed for failure UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 5:24-cv-01722 PA (ADS) Date: March 25, 2024 Title: Adrian Garcia v. Pennington to prosecute or to obey Court orders pursuant to Federal Rule of Civil Procedure 41(b).1
IT IS SO ORDERED.
Initials of Clerk kh
1 This order is nondispositive. However, if Petitioner believes this order erroneously disposes of any of his claims or precludes any relief sought, he may file objections with the district judge within 20 days of the date of the order. See Bastidas v. Chappell,
791 F.3d 1155, 1162(9th Cir. 2015). UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NUMBER
Plaintiff/Petitioner, Vv. NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL Defendant/Respondent. PROCEDURE 41(a) or (c)
PLEASE TAKE NOTICE: (Check one) [1 This action is dismissed by the Plaintiff(s) in its entirety. [1 The Counterclaim brought by Claimant(s) is dismissed by Claimant(s) in its entirety. [1 The Cross-Claim brought by Claimants(s) is dismissed by the Claimant(s) in its entirety. [1 The Third-party Claim brought by Claimant(s) is dismissed by the Claimant(s) in its entirety. L1 ONLY Defendant(s) is/are dismissed from (check one) 1 Complaint, 1) Counterclaim, 1] Cross-claim, 1) Third-Party Claim brought by . The dismissal is made pursuant to F.R.Civ.P. 41(a) or (c).
Date Signature of Attorney/Party
F.R.Civ.P. 41(a): This notice may be filed at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs. F.R.Civ.P. 41(c): Counterclaims, cross-claims & third-party claims may be dismissed before service of a responsive pleading or prior to the beginning of trial.
Reference
- Status
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