Charles Ray Cathy v. Clark Ducart

Petitioner: Charles Ray Cathy
Respondent: Clark Ducart
Case Number: 2:2017cv07367
Filed: October 9, 2017
Court: California Central District Court
Referring Judge: Paul L. Abrams
Presiding Judge: Manuel L. Real
Nature of Suit: Other

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Date Filed#Document Text
October 11, 2017 5 Opinion or Order of the Court ORDER TO SHOW CAUSE RE: DISMISSAL OF HABEAS PETITION AS SUCCESSIVE AND/OR AS BARRED BY THE EXPIRATION OF THE STATUTE OF LIMITATIONS by Magistrate Judge Paul L. Abrams. Charles Ray Cathy ("petitioner"), through counsel, initiated this a ction on October 9, 2017, by filing a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("2017 Petition" or "2017 Pet."), along with a Memorandum of Points and Authorities (alt ernatively "Mem.") and exhibits. Petitioner is ordered to show cause (1) why the 2017 Petition should not be dismissed as successive; and (2) why the 2017 Petition should not be dismissed as time barred. Specifically, no later than Oct ober 20, 2017, petitioner must submit to the Court the following: (1) 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 successive petition, and that the Ninth Circuit issued such an order; and (2) a response making clear his arguments, if any, as to why the 2017 Petition should not be dismissed as time barred. Failure to respond by October 20, 2017, will result in the 2017 Petition being summarily dismissed with prejudice as successive and/or as barred by the statute of limitations. (SEE ORDER FOR FURTHER INFORMATION) (gr)

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Petitioner: Charles Ray Cathy
Represented By: Julia Mary Young
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Respondent: Clark Ducart
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