Joseph Widby v. The State of California

Good Law
United States District Court, Central District of CaliforniaDecember 13, 20232:23-cv-05637California251 words

Opinion

Trial Court Opinion

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. CV 23-5637 MWF (MRW) Date December 13, 2023 Title Widby v. Horn

Present: Hon. Michael R. Wilner, U.S. Magistrate Judge James Muñoz n/a Deputy Clerk Court Reporter / Recorder Attorneys for Petitioner: Attorneys for Respondent: n/a n/a Proceedings: ORDER TO SHOW CAUSE RE: DISMISSAL

1. This is a habeas action involving a self-represented state prisoner. In late October 2023, the Attorney General moved to dismiss the action as untimely and unexhausted under AEDPA (the federal statute governing such actions). (Docket # 13.) 2. The Court previously informed Petitioner that his response to a dismissal motion would be due within 30 days of the filing of the motion. (Docket # 8 at 2.) However, to date, Petitioner has not filed anything on response to the state’s motion. 3. The Court could properly dismiss the motion as unopposed under the Local Rules of Court. As an accommodation to a prison-based litigant, though, the Court instead ORDERS Petitioner to show cause for his failure to respond to…

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