Sanchez-Gonzalez v. Felker

Filing 12

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 7/11/2011 ORDERING that petitioner show cause, within 14 days, why his failure to oppose 10 respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, or he shall file an opposition. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EMANUEL M. SANCHEZ-GONZALEZ,

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Petitioner,

No. 2:11-cv-0637 KJN P

Respondent.

ORDER TO SHOW CAUSE

vs.
T. FELKER,

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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. Petitioner has consented to proceed before

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the undersigned for all purposes. See 28 U.S.C. § 636(c). On June 3, 2011, respondent filed a

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motion to dismiss on the ground that this action was filed beyond the one year statute of

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limitations period. Petitioner has not filed an opposition to the motion. Local Rule 230(l)

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provides in part: “Failure of the responding party to file written opposition or to file a statement

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of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . .”

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

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within fourteen days, why his failure to oppose respondent’s June 3, 2011 motion to dismiss

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

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opposition. Petitioner is cautioned that failure to respond to the instant order, or to file an
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opposition to the pending motion to dismiss, will result in the dismissal of this action.

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DATED: July 11, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sanc0637.46h

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