Mayberry v. Warden, Warren Correctional Institution

Summary

A United States Magistrate Judge recommends dismissing Robert Mayberry’s 28 U.S.C. § 2254 habeas corpus petition for failure to comply with an order directing him to show cause why the case should not be dismissed for failure to exhaust state-court remedies. The Report and Recommendation explains that dismissal is warranted for want of prosecution and provides the procedure and deadline for filing objections.

Holdings

1. A petitioner's failure to comply with an order to show cause and failure to respond within the prescribed period warrants invocation of the district court's inherent authority to dismiss the action for want of prosecution; the magistrate judge therefore recommended dismissal.

Questions Presented

1. Whether the court should dismiss the § 2254 habeas proceeding for petitioner's failure to comply with an order to show cause and failure to prosecute.

Disposition

dismissed