James vs. Yates

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/28/2010 ORDERING that petitioner show cause, within twenty-one days, why his failure to oppose respondent's June 22, 2010 motion to dismiss should not deemed a waiver of any opposition to the granting of the motion. Petitioner is 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(Duong, D)

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(HC) James vs. Yates Doc. 14 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. JAMES YATES, 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 June 22, 2010, respondent filed a motion to dismiss. 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 June 22, 2010 motion to dismiss should not deemed a waiver of any opposition to the granting of the motion. Petitioner is //// //// //// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LAWRENCE DELBERT JAMES, Petitioner, No. 2: 10-cv-0949 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 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: July 28, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE ja949.osc 2

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