Pena v. Swarthout

Filing 18

ORDER signed by Magistrate Judge Dale A. Drozd on 07/08/11 ordering that petitioner has 30 days from the date of this order in which to file an opposition to the motion to dismiss or statement of non-opposition. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IGNACIO PENA

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Petitioner,

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No. CIV S-10-1336 KJM DAD (TEMP) P

vs.
GARY SWARTHOUT

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with an application for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On December 10, 2011, respondent filed a motion

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to dismiss. Petitioner has not opposed the motion. Local Rule 230(c) requires a party to file an

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opposition or statement of non-opposition in response to a motion. Failure to oppose a motion to

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dismiss may be deemed a failure by petitioner to prosecute his case and result in dismissal under

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Federal Rule of Civil Procedure 41(b). Therefore plaintiff will have a final opportunity in which

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to file an opposition.

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IT IS THEREFORE ORDERED that petitioner has thirty days from the date of

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this order in which to file an opposition to the motion to dismiss or statement of non-opposition.

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DATED: July 8, 2011.

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pena1336.osc

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