Girley v. Swarthout

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/26/12 ORDERING that petitioner show cause, within thirty days, why his failure to oppose respondents October 19, 2012 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and 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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DOUGLAS DWAYNE GIRLEY,

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Petitioner,

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No. 2:12-cv-1938 KJN P

vs.
GARY SWARTHOUT,

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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 October 19, 2012, respondent filed a

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motion to dismiss. Petitioner has not filed an opposition to the motion. Local Rule 230(l)

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provides in part: “Failure of the responding party to file written opposition or to file a statement

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of no opposition may be deemed a waiver of any 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 respondent’s October 19, 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: November 26, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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girl1938.46h

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