Sherman v. Solano County Sheriff et al

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/22/2011 ORDERING petitioner to show cause, within 21 days, why his failure to oppose respondent's 10/19/11 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH A. SHERMAN,

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Petitioner,

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vs.
SOLANO COUNTY SHERIFF, et al.,
Respondents.

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No. 2:11-cv-1535 KJN P

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 October 19, 2011, respondent filed a

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motion to dismiss for lack of jurisdiction. 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 twenty-one days, why his failure to oppose respondent’s October 19, 2011 motion to

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dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he

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

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action be dismissed.

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DATED: November 22, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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sher1535.46h

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