Jermayne Sims v. Debbie Asuncion
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
Case No. CV 17-6895 PVC Date: March 31, 2020 Title Jermayne Sims v. Debbie Asuncion, Warden
Present: The Honorable Pedro V. Castillo, United States Magistrate Judge
Marlene Ramirez None Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: None None
PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO
PROSECUTE AND OBEY COURT ORDERS PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 41(b) Petitioner Jermayne Sims, a California state prisoner proceeding pro se, constructively filed a habeas petition pursuant to 28 U.S.C. § 2254 on September 12, 2017. (“Petition,” Dkt. No. 1). The operative First Amended Petition followed on November 27, 2018. (“FAP,” Dkt. No. 25). Nearly a year later, on November 15, 2019, Respondent filed a Motion to Dismiss the FAP. (“MTD,” Dkt. No. 38). Respondent alleges that: (1) the FAP is time-barred, (id. at 5-16); (2) all seven grounds for relief asserted in the FAP are unexhausted, (id. at 16-24); and (3) grounds four through six are…