Osborne v. Cate

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2010 ORDERING ptnr to SHOW CAUSE in writing, w/in 21 days, why his failure to oppose respondent's 7/2/10 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and to file such opposition. (Yin, K)

(HC) Osborne v. Cate

Doc. 16

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. MATTHEW CATE, 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 July 2, 2010, respondent filed a motion to dismiss this action pursuant to Rule 4 of the Rules Governing § 2254 Cases. Petitioner has not filed an opposition to the motion and the time for doing so has expired. 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, why his failure to oppose respondent's July 2, 2010 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and shall file such opposition. Failure to respond to this order, or to file an opposition to the //// 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TIMOTHY JOE OSBORNE, Petitioner, No. 2:09-cv-3594 FCD KJN P

ORDER

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

pending motion to dismiss, will result in a recommendation that this action be dismissed. SO ORDERED. DATED: November 4, 2010

_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE
osbo3594.osc.no.oppo.

2