Miller v. Ives

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge John F. Moulds on 4/19/11. Petitioner shall show cause within 21 days as to why his failure to oppose the 16 Motion to Dismiss should not be deemed a waiver of opposition. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

5 CLARK A. MILLER,
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Petitioner,

No. 2:10-cv-2665 FCD JFM (HC)

vs.

8 RICHARD IVES, Warden,
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Respondent.

ORDER
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On February 14, 2011, respondent filed a motion to dismiss this action as

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12 successive. Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in
13 part: “Failure of the responding party to file written opposition or to file a statement of no
14 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,

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16 within twenty-one days, why his failure to oppose respondent’s February 14, 2011 motion to
17 dismiss should not be deemed a waiver of any opposition to the granting of the motion, and file
18 an opposition to the motion to dismiss. Petitioner is cautioned that failure to respond to the
19 instant order, or to file an opposition to the pending motion to dismiss, will result in a
20 recommendation that this action be dismissed.
21 DATED: April 19, 2011.
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/014;mill2665.osc

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