Bryson v. Small

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/22/09 ORDERING that petitioner show cause, within twenty days, why respondent's 15 November 4, 2008, motion to dismiss should not be granted. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ELI BRYSON, Petitioner, vs. LARRY SMALL, 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 November 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 petitioner show cause, within twenty days, why respondent's November 4, 2008, motion to dismiss should not be granted. DATED: January 22, 2009 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE ORDER TO SHOW CAUSE No. CIV S-08-1993 GEB GGH P

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