Harold Vincent Franklin v. Lee Baca et al
| Harold Vincent Franklin |
| M. L. Montgomery and Lee Baca |
| 2:2013cv08265 |
| November 7, 2013 |
| US District Court for the Central District of California |
| Paul L. Abrams |
| Manuel L. Real |
| Habeas Corpus (General) |
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Filing
6
ORDER DISMISSING PETITION FOR FAILURE TO EXHAUST, PROSECUTE AND FOLLOW COURT ORDERS by Judge Manuel L. Real. In light of the foregoing, the Court finds that it is appropriate to dismiss the Petition for lack of exhaustion, and for failure to prosecute and comply with Court orders. IT IS THEREFORE ORDERED that this action is dismissed without prejudice. (See attached Order.) Case Terminated. Made JS-6. (es)
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Filing
3
ORDER by Magistrate Judge Paul L. Abrams. ORDER TO SHOW CAUSE RE: DISMISSALOF SUCCESSIVE PETITION AND FOR LACK OF EXHAUSTION. Accordingly, petitioner is ordered to show cause why the Petition should not be dismissed as successive. Specifically, no later than December 4, 2013, petitioner must submit to the Court documentation showing that, pursuant to 28 U.S.C. § 2244(b)(3)(A), he properly filed a motion in the Ninth Circuit for an order authorizing the district court to consider a suc cessive petition, and that the Ninth Circuit issued such an order. Furthermore, no later than December 4, 2013, petitioner must also show cause why the Petition should not be dismissed for failure to exhaust state remedies. Filing by petitioner of an Amended Petition that clearly shows petitioner has exhausted his state judicial remedies shall be deemed compliance with this portion of this Order to Show Cause. **See attached Order.** (es)
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