Brandon Donte Meeks v. Fernando Gonzales
Filing
48
ORDER TO SHOW CAUSE RE: DISMISSAL by Magistrate Judge Michael R. Wilner. Counsel will submit a declaration by or before September 10, 2013, explaining (a) the status of the action and (b) why the Court should not impose a monetary sanction on him personally. (See Minute Order for further details) (vm)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 10-9249 ODW (MRW)
Title
Meeks v. Gonzalez
Present: The
Honorable
Date
August 16, 2013
Michael R. Wilner
Veronica McKamie
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
Petitioner filed this state habeas action in December 2010 to seek federal review of his
criminal conviction. At his request, the matter was stayed in May 2011 so Petitioner could
pursue additional proceedings in state court. (Docket # 30.)
A review of Petitioner’s intermittent status reports reveals that he presented a habeas
petition in the state superior court that was denied in mid-2012. (Docket # 41.) According to a
report submitted in January 2013, Petitioner’s lawyer explained that he was attempting to
develop additional evidence to pursue a new trial motion in state court. (Docket # 46.)
However, Petitioner failed to provide the Court with any additional information since
then. Moreover, in the two years since the case was stayed, Petitioner has not demonstrated any
interest in advancing this action in federal court. The Court further notes that Attorney Harrison
has – again – failed to comply with this Court’s clear instruction that he file regular ongoing
status reports regarding the action. (Docket # 35, 43, 47.)
Therefore, Petitioner is again ordered to show cause why this action should not be
dismissed for failure to prosecute. Counsel will submit a declaration by or before September 10,
2013, explaining (a) the status of the action and (b) why the Court should not impose a monetary
sanction on him personally. Further, Mr. Harrison will be required to state that he has personally
consulted with Mr. Meeks to inform his client regarding all of these issues.
Alternatively, the OSC may be discharged by the voluntary dismissal of the action. A
request for dismissal will need to be personally signed by both Mr. Meeks and Mr. Harrison.
CV-90 (10/08)
CIVIL MINUTES - GENERAL
Page 1 of 1
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