Morales v. Hedgpeth
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/08/13 ordering that petitioner show cause within 30 days, why his failure to oppose respondents' 11/30/12 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Plummer, 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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OSCAR MORALES,
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Petitioner,
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No. 2:12-cv-0544 LKK KJN P
vs.
ANTHONY HEDGPETH, et al.,
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Respondents.
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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 November 30, 2012, respondents 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 thirty days, why his failure to oppose respondents’ November 30, 2012 motion to dismiss
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should not be deemed a waiver of any opposition to the granting of the motion, and he shall file
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an 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: January 8, 2013
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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mora0544.46o
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