Jose Murillo v. Neil McDowell

CIVIL MINUTES – GENERAL

Case No. 5:23-cv-00441-DOC-MAA Date: June 11, 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): Second 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.) In the absence of any status report filed by Petitioner, on April 2, 2024, the Court issued an Order to Show Cause Re: Dismissal for Lack of Prosecution, directing Petitioner to either file a status report or to explain his failure to do so by May 2, 2024 (“April 2 Order”). (ECF No. 26.)

To date, Petitioner has not filed a status report or responded to the April 2 Order. Out of…