Landi v. Martell

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 01/15/2009 ORDERING that Petitioner show cause, within 20 days, why respondent's November 5, 2008 motion to dismiss should not be granted. (Streeter, J)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES MAGISTRATE JUDGE 25 26 1 G G H :0 3 5 la nd 2 0 9 9 .4 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL J. LANDI, Petitioner, vs. MIKE MARTELL, et al., Respondents. / 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 5, 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 5, 2008, motion to dismiss should not be granted. DATED: January 15, 2009 /s/ Gregory G. Hollows ORDER TO SHOW CAUSE No. CIV S-08-2099 GGH P

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