Felipe Terrell v. Rick Hill

Filing 11

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO FILE OPPOSITION TO MOTION TO DISMISS by Magistrate Judge Jay C. Gandhi. Within fourteen days of the date of this Order, Petitioner is ORDERED TO SHOW CAUSE, in writing, why he failed to timely file an Opposition to the Motion to Dismiss, and why this action should not be dismissed for failure to file an Opposition. (kh)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-8771 VAP (JCG)

Title

Felipe Terrell v. Rick Hill, Warden

Present: The Honorable

Date

April 1, 2015

Jay C. Gandhi, United States Magistrate Judge

Kristee Hopkins

None Appearing

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Appearing

None Appearing

Proceedings:

(IN CHAMBERS) ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR FAILURE TO FILE
OPPOSITION TO MOTION TO DISMISS

On February 2, 2015, Respondent filed and served a Motion to Dismiss this action.
[Dkt. No. 8.] By the Court’s November 18, 2014 Order, [Dkt. No. 4], Petitioner had until
March 4, 2015 to file an Opposition.
To date, Petitioner has not filed an Opposition. The failure to file an Opposition
within the deadline set by the Court may be deemed Petitioner’s consent to granting the
Motion to Dismiss. C.D. Cal. L.R. 7-12.
Accordingly, within fourteen days of the date of this Order, Petitioner is
ORDERED TO SHOW CAUSE, in writing, why he failed to timely file an Opposition
to the Motion to Dismiss, and why this action should not be dismissed for failure to file
an Opposition. See id.; Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam)
(affirming dismissal of pro se prisoner’s action for failure to file opposition to motion to
dismiss); Pagtalunan v. Galaza, 291 F.3d 639, 643 (9th Cir. 2002) (affirming dismissal
of habeas petition with prejudice for failure to prosecute); Jones v. Unknown, 2011 WL
3583462, at *1 (C. D. Cal. June 29, 2011) (dismissing habeas action for failure to file
opposition to motion to dismiss). Petitioner shall support any attempt to show cause with
a declaration under penalty of perjury, accompanied by either a Statement of NonOpposition or an Opposition that (a) states whether Petitioner admits or denies each
allegation of fact contained in the Motion to Dismiss; and (b) is limited to facts or
contentions responsive to matters raised in the Motion to Dismiss.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 14-8771 VAP (JCG)

Date

Title

April 1, 2015

Felipe Terrell v. Rick Hill, Warden

Petitioner is cautioned that his failure to timely file a response and either a
Statement of Non-Opposition or an Opposition to the Motion to Dismiss will be
deemed by the Court as consent to the dismissal of this action without prejudice for
failure to prosecute and/or failure to comply with a court order.
IT IS SO ORDERED.

cc: Parties of Record
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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