Stayer v. Hedgepeth

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 8/12/2011 ORDERING petitioner to show cause w/i 30 days, why his failure to oppose respondent's 6/9/2011 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, or he shall file an opposition; failure to repond to this instant order, or file an opposition to the motion to dismiss, will result in a recommendation that this action be dismissed.(Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT STAYER,

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Petitioner,

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No. 2:11-cv-1170 KJN P

vs.

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A. HEDGEPETH, 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 June 9, 2011, respondent filed a motion

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to dismiss this action as untimely filed. Petitioner has not filed an opposition to the motion.

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

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

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the motion . . . .”

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

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within thirty days, why his failure to oppose respondent’s June 9, 2011 motion to dismiss should

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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 a recommendation that this action be

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dismissed.

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DATED: August 12, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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stay1170.46h

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