McCann v. Hill

Filing 12

ORDER signed by Magistrate Judge Dale A. Drozd on 9/13/11 ORDERING that within 21 days of the date of this order, petitioner shall file and serve an opposition to respondents motion to dismiss and shall show cause in writing why sanctions should not be imposed for the failure to file a timely opposition. In the alternative, if petitioner no longer wishes to proceed with this matter, he should file a request to dismiss this action without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.(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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MICHAEL McCANN,

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Petitioner,

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vs.
RICK HILL, Warden,

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Respondent.

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ORDER
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No. CIV S-11-1463 DAD P

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.

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On August 4, 2011, respondent filed a motion to dismiss. Petitioner has not filed

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an opposition to the motion. Local Rule 230(l) provides in part: “Failure of the responding party

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to file written opposition or to file a statement of no opposition may be deemed a waiver of any

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opposition to the granting of the motion . . . .”

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Good cause appearing, IT IS HEREBY ORDERED that within twenty-one days of

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the date of this order, petitioner shall file and serve an opposition to respondent’s motion to

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dismiss and shall show cause in writing why sanctions should not be imposed for the failure to

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file a timely opposition. In the alternative, if petitioner no longer wishes to proceed with this

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matter, he should file a request to dismiss this action without prejudice pursuant to Rule 41(a) of

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the Federal Rules of Civil Procedure.

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DATED: September 13, 2011.

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DAD:9
mcca1463.102

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