Washington v. Cullen

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/1/11 ORDERING that the petitioner shall file an opposition or non-opposition to the 11 Motion to Dismiss within 21 days. (Manzer, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WESLEY E. WASHINGTON, Petitioner, 11 12 13 14 15 No. CIV S-11-0438 GEB EFB P vs. VINCENT S. CULLEN, Warden, Respondent. ORDER / 16 Petitioner seeks a writ of habeas corpus. See 28 U.S.C. § 2254. On May 2, 2011, 17 respondent filed a motion to dismiss on the ground that the petition is successive under 28 18 U.S.C. § 2244(b) and barred by the statute of limitations. Petitioner has not filed an opposition 19 or a statement of no opposition to respondent’s motion to dismiss. 20 A responding party’s failure “to file written opposition or to file a statement of no 21 opposition may be deemed a waiver of any opposition to the granting of the motion and may 22 result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the 23 Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or 24 Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action 25 with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See 26 Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in 1 1 dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended 2 complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 3 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule 4 regarding notice of change of address affirmed). 5 Accordingly, it is hereby ORDERED that, within twenty-one days of the date of this 6 order, petitioner shall file either an opposition to the motion to dismiss or a statement of no 7 opposition. Failure to comply with this order may result in a recommendation that this action be 8 dismissed without prejudice. 9 Dated: July 1, 2011. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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