Garcia v. McDonald

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 06/08/10 ordering that petitioner show cause within 21 days, why respondent's 05/04/10 motion to dismiss should not be granted. (Plummer, M)

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gar1166.osc

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RAMON GARCIA, Petitioner, vs. MIKE McDONALD, Respondent. / Petitioner is a state prisoner proceeding without counsel with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 4, 2010, respondent filed a motion to dismiss. Petitioner has not filed an opposition to the motion. Local Rule 230(l) 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-one days, why respondent's May 4, 2010 motion to dismiss should not be granted. DATED: June 8, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 1 ORDER TO SHOW CAUSE No. 2:09-cv-1166 KJN P