Stone v. Knipp

Filing 12

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 9/23/11 ORDERING that petitioner show cause, within 21 days, why his failure to oppose respondents August 23, 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.(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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TERRY LEE STONE,

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Petitioner,

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vs.

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No. 2:11-cv-1605 KJN P

WARDEN KNIPP,

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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 August 23, 2011, respondent filed a

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motion to dismiss this action as barred by the statute of limitations. Petitioner has not filed an

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

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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 petitioner show cause,

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within twenty-one days, why his failure to oppose respondent’s August 23, 2011 motion to

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dismiss should not be deemed a waiver of any opposition to the granting of the motion, or 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: September 23, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ston1605.46o

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