(HC) Booker v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaFebruary 26, 20212:20-cv-01894California455 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BOOKER, Case No. 2:20-cv-01894-TLN-JDP (HC) Petitioner, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR

v. FAILURE TO PROSECUTE AND FAILURE

TO STATE A CLAIM

J. LYNCH,

RESPONSE DUE WITHIN TWENTY-ONE

Respondent. DAYS 16 17 Petitioner, a state prisoner without counsel, filed a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On October 6, 2020, the court dismissed that petition because it appeared to contain only unexhausted claims that are potentially time-barred. ECF No. 8 at 2. Petitioner was granted thirty days to file an amended petition that addressed both issues. Rather than filing an amended petitioner, petitioner filed a motion to stay this case. ECF No. 9. The court denied that motion January 6, 2021. ECF Nos. 11, 13. Although more than thirty days have passed, petitioner has still not filed an amended petition. To manage its docket effectively, the court…

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