Burton v. Swartout

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 6/9/10 ORDERING petitioner to SHOW CAUSE within 21 days why his failure to oppose respondent's 5/5/10 motion to dismiss 14 should not be deemed a waiver of any opposition to the granting of the motion. (Carlos, 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. S. SWARTHOUT, 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 5, 2010, respondent filed a motion to dismiss this action as barred by the one-year statute of limitations contained in 28 U.S.C. § 2244(d). 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 his failure to oppose respondent's May 5, 2010 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion. Petitioner is //// //// 1 ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARLOS CORTEZ BURTON, Petitioner, No. 2:09-cv-3332 GEB KJN P

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cautioned that failure to respond to the instant order, or to file an opposition to the pending motion to dismiss, will result in a recommendation that this action be dismissed. DATED: June 9, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
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