Marquette v. Shasta County

Filing 23

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/07/09 ordering that wtihin 30 days of the date of this order, petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. (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. IVAN CLAY, Respondent. / Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On May 19, 2009, respondent moved to dismiss the petition on the ground that it is fully unexhausted under 28 U.S.C. § 2254(b) and because the claims are conclusory. Petitioner has not filed an opposition or a statement of no opposition. A party's failure "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 and may result in the imposition of sanctions." L. R. 78-230(m). Failure to comply with any order or with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." L. R. 11-110. The court may dismiss this action with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in dismissing pro se
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA H. ROBERT MARQUETTE, Petitioner, No. CIV S-08-0845 MCE EFB P

ORDER

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plaintiff's complaint for failing to obey an order to re-file an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff's failure to comply with local rule regarding notice of change of address affirmed). Accordingly, it is hereby ORDERED that, within 30 days of the date of this order, petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. Failure to comply with this order will result in a recommendation that this action be dismissed. Dated: July 7, 2009.

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