Hughes v. Walker

Filing 24

ORDER signed by Magistrate Judge Timothy J. Bommer on 10/26/11 ORDERING that respondent shall file either a response or a statement of non-opposition to petitioner's motion to stay on or before 11/4/11.(Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEANGELEO ANTOINE HUGHES,

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Petitioner,
vs.
JAMES WALKER,
Respondent.

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2: 10 - cv - 3024 WBS TJB

ORDER
/

Petitioner is a state prisoner who is now proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On October 3, 2011, Petitioner’s motion to stay and

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abey was entered by the Clerk’s Office. Local Rule 230(l) sets forth the requisite procedure for

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motion practice in prisoner actions in which the prisoner is proceeding pro se. Specifically,

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Local Rule 230(l) states that:

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Opposition, if any, to the granting of the motion shall be served
and filed by the responding party not more than twenty-one (21),
days after the date of service of the motion. A responding party
who has no opposition to the granting of the motion shall serve and
file a statement to that effect, specifically designating the motion in
question. Failure of the responding party to file an opposition or
to file a statement of no opposition may be deemed a waiver of any
opposition to the granting of the motion and may result in the
imposition of sanctions.
E.D. Cal. R. 230(l) (emphasis added). To date, Respondent has neither filed a response to
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Petitioner’s motion to stay nor filed a statement of non-opposition.

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Accordingly, IT IS HEREBY ORDERED that Respondent shall file either: (1) a

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response to Petitioner’s motion to stay; or (2) a statement of non-opposition to the motion to stay,

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on or before November 4, 2011. Failure to comply with this Order may result in the imposition

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of sanctions.

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DATED: October 26, 2011

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TIMOTHY J BOMMER
UNITED STATES MAGISTRATE JUDGE

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