Jones v. Jacquez

Filing 14

ORDER signed by Magistrate Judge John F. Moulds on 6/3/2010 ORDERING that w/in 30 days, petitioner to file an opposition or statement of non-opposition to the 11 motion to dismiss. (Yin, K)

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. FRANCISCO JACQUEZ, Warden, Respondent. / On April 22, 2010, respondent filed a motion to dismiss this action for failure to exhaust state court remedies. Petitioner has not opposed 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 . . . ." Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of this order, petitioner shall file an opposition, if any he has, to the motion to dismiss or a ///// ///// 1 ORDER DAVID D. JONES, Petitioner, No. 2:09-cv-3022-LKK-JFM (HC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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statement of non-opposition. Failure to comply with this order may result in a recommendation that respondent's motion be granted or that this action be dismissed pursuant to Fed. R. Civ. P. 41(b). DATED: June 3, 2010.

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