Nguyen v. Harrington

Filing 20

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/20/11 ORDERING that within 21 days, why his failure to oppose respondents April 26, 2011 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and file an opposition to the motion to dismiss.(Dillon, 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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HUNG TRONG NGUYEN,

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Petitioner,

No. S:10-cv-3068 MCE KJN P

vs.
K. HARRINGTON, Warden,

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Respondent.

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ORDER TO SHOW CAUSE
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Petitioner is a state prisoner proceeding without counsel, with an application for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 26, 2011, respondent filed a

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motion to dismiss this action as successive and as barred by the one-year statute of limitations

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contained in 28 U.S.C. § 2244(d). Petitioner has not filed an opposition to the motion. Local

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Rule 230(l) provides in part: “Failure of the responding party to file written opposition or to file

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a statement of no opposition may be deemed a waiver of any opposition to the granting of the

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motion . . . .”

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Good cause appearing, IT IS HEREBY ORDERED that petitioner show cause,

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within twenty-one days, why his failure to oppose respondent’s April 26, 2011 motion to dismiss

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should not be deemed a waiver of any opposition to the granting of the motion, and file an

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opposition to the motion to dismiss. Petitioner is cautioned that failure to respond to the instant
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order, or to file an opposition to the pending motion to dismiss, will result in a recommendation

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that this action be dismissed.

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DATED: July 20, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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nguy3068.46h

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