Chandler v. Moore et al

Filing 8

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 01/16/09 ordering that within 20 days of the date of service of this order, petitioner shall file an opposition to respondent's motion to dismiss and show cause in writing why respondent's 12/04/08 motion to dismiss should not be granted. In the alternative, if petitioner no longer wishes to proceed with this action, petitioner may file a request to voluntary dismiss this action without prejudice.(Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. S. MOORE, Warden, Respondent. / Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 4, 2008, respondent filed a motion to dismiss. Petitioner has not filed an opposition to the motion. Local Rule 78-230(m) provides in part: "Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . ." Good cause appearing, IT IS HEREBY ORDERED that within twenty days of the date of service of this order, petitioner shall file an opposition to respondent's motion to dismiss and show cause in writing why respondent's December 4, 2008 motion to dismiss should not be granted. In the alternative, if petitioner no longer wishes to proceed with this action, ///// ///// 1 ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARK CHANDLER, Petitioner, No. CIV S-07-1762 GEB DAD P

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petitioner may file a request to voluntarily dismiss this action without prejudice. Fed. R. Civ. P. 41(a); see also Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254. DATED: January 14, 2009.

DAD:9 chan1762.102

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