Kenneth Walter Lewis Smith v. On Habeas Corpus

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 5:23-cv-00050-SPG-AJR Date: October 19, 2023 Page 1 of

Title: Kenneth Walter Lewis Smith v. John Merchant, et al.

DOCKET ENTRY: ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD

NOT BE DISMISSED FOR FAILURE TO PROSECUTE

PRESENT:

HONORABLE A. JOEL RICHLIN, UNITED STATES MAGISTRATE JUDGE

_ Claudia Garcia-Marquez_ _______None_______ __None__ Deputy Clerk Court Reporter/Recorder Tape No.

ATTORNEYS PRESENT FOR PETITIONER: ATTORNEYS PRESENT FOR RESPONDENT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS)

On January 3, 2023, Petitioner Kenneth Walter Lewis Smith, a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody under 28 U.S.C. § 2254 (“Petition”). (See Dkt. 1.) On August 30, 2023, this Court issued an order staying Petitioner’s case pursuant to Rhines v. Weber, 544 U.S. 269, 276 (2005), so that Petitioner could exhaust his state court remedies. (Dkt. 17.) As conditions of the stay, the Court ordered Petitioner to:

1. File a state habeas petition in…