Hill v. Biter

Filing 23

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 04/11/13 ordering that within 5 days from the date of this order petitioner, through his counsel of record, shall show cause, if any he has, why the hearing set for 04/19/13 should not be dropped from the court's 04/19/13 calendar and respondents' motion to dismiss granted as unopposed. (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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CERON HILL,

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Petitioner,
vs.
MARTIN BITER, et al.,
Respondents.

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No. 2:12-cv-2098 MCE DAD (PC)

ORDER TO SHOW CAUSE
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On January 29, 2013, respondents filed a motion to dismiss this habeas action as

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barred by the applicable one year statute of limitations in 28 U.S.C. § 2244(d). Pursuant to

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stipulation of the parties, eneterd by counsel, and order of this court (ECF No. 22), the motion is

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set for hearing before the undersigned on April 19, 2013, at 10:00 a.m. Petitioner’s opposition to

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the pending motion to dismiss was due to be filed and served on April 5, 2013. However, the

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deadline for filing opposition to the motion and neither petitioner’s counsel nor petitioner himself

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have responded to the motion in any way.

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Local Rule 230(c) requires that a party timely file an opposition to the motion or a

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statement of no opposition, and provides in part: “No party will be entitled to be heard in

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opposition to a motion at oral arguments if opposition to the motion has not been timely filed by

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that party.” L.R. 230(c).
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Good cause appearing, IT IS HEREBY ORDERED that within five days from the

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date of this order petitioner, through his counsel of record, shall show cause, if any he has, why

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the hearing set for April 19, 2013 should not be dropped from the court’s April 19, 2013 calendar

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and respondents’ motion to dismiss granted as unopposed.

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DATED: April 11, 2013.

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dad1.habeas
hill12cv2098.osc

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