Rodriguez v. Gipson

Filing 13

ORDER signed by Magistrate Judge Gregory G. Hollows on 03/06/13 ordering the clerk shall assign a district judge to this case. U.S. District Judge Garland E. Burrell randomly assigned to this case. Petitioenr shall show cause within 30 days why his failure to oppose respondent's 11/16/12 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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LUIS AMPARAN RODRIGUEZ,

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Petitioner,

No. 2:12-cv-2260 GGH P

vs.
C. GIPSON, Warden,
Respondent.

ORDER TO SHOW CAUSE
/

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Petitioner is a state prisoner proceeding pro se with a petition pursuant to 28

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U.S.C. Section 2254. On November 16, 2012, respondent filed a motion to dismiss. After

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receiving no opposition, the court ordered respondent to re-serve petitioner with the motion at his

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proper address of record. On January 10, 2013, respondent filed a declaration of service.

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Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in part: “Failure

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of the responding party to file written opposition or to file a statement of no opposition may be

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deemed a waiver of any opposition to the granting of the motion . . . .”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The Clerk shall assign a district judge to this case; and

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2. Petitioner shall show cause, within thirty days, why his failure to oppose

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respondent’s November 16, 2012 motion to dismiss should not be deemed a waiver of any
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opposition to the granting of the motion, and he shall file an opposition. Petitioner is cautioned

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that failure to respond to the instant order, or to file an opposition to the pending motion to

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dismiss, will result in a recommendation that this action be dismissed.

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DATED: March 6, 2013

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Rodr2260.46.osc.wpd

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