Conner v. Barnes

Filing 20

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/26/2010. Petitioner shall SHOW CAUSE in writing, w/in 21 days after service of this Order, why his failure to opposition respondent's 6/25/2010 15 Motion to Dismiss should not be deemed a Waiver of any Opposition to granting the Motion. Petitioner shall file such an Opposition. (Marciel, M)

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(HC) Conner v. Barnes Doc. 20 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. R BARNES, Warden, Respondent. / Petitioner is a state prisoner proceeding in forma pauperis and without counsel pursuant to an application for writ of habeas corpus under 28 U.S.C. § 2254. Both parties have consented to the jurisdiction of the magistrate judge for all purposes. See 28 U.S.C. § 636(c); Local Rule 305(a). On June 25, 2010, respondent filed a motion to dismiss this action. Petitioner has not filed an opposition or otherwise responded 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 shall show cause in writing, within twenty-one days after service of this order, why his failure to oppose respondent's June 25, 2010 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and shall file such opposition. Petitioner is cautioned that failure to 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CEDRIC W. CONNER, Petitioner, No. 2:09-cv-01994 KJN P ORDER TO SHOW CAUSE 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 respond to the instant order, or to file an opposition to the pending motion to dismiss, will result in the dismissal of this action. SO ORDERED. DATED: October 26, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE conn1994.osc.no.opp. 2

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