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 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 2

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