Meyers v. Warden of Centinela State Prison

Filing 15

ORDER signed by Magistrate Judge John F. Moulds on 7/30/2012, ORDERING that, within 30 days, petitioner shall file an opposition, if any, to 13 motion to dismiss or a statement of non-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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AARON MEYERS,

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Petitioner,

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No. 2:12-cv-0958 GEB JFM P

vs.
WARDEN OF CENTINELA STATE
PRISON,

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Respondent.
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ORDER
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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On June 6, 2012, respondents filed a motion to dismiss the

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petition on the ground that petitioner has not exhausted state court remedies for three of the four

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claims contained therein. Petitioner has not opposed the motion.

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

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

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the granting of the motion . . . .” Local Rule 110 provides that failure to comply with the Local

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Rules “may be grounds for imposition of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”

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Petitioner is hereby informed that failure to file either an opposition to the motion

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or a statement of non-opposition may result in a recommendation that this action be dismissed

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for lack of prosecution pursuant to Fed. R. Civ. P. 41(b).

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In accordance with the above, IT IS HEREBY ORDERED that, within thirty days

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of the date of this order, petitioner shall file an opposition, if any he has, to the motion to dismiss

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or a statement of non-opposition. Failure to comply with this order may result in the dismissal of

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this action without prejudice pursuant Federal Rule of Civil Procedure 41(b).

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DATED: July 30, 2012.

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meye0958.46osc

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