Yeh v. John Doe Warden
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/14/13 ORDERING that the petitioner shall file an opposition or statement of non-opposition to the 13 MOTION to DISMISS within 21 days. (Manzer, C)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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YOW MING YEH,
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No. 2:13-cv-262-TLN-EFB P
Petitioner,
v.
ORDER
JOHN DOE WARDEN,
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Respondent.
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28
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U.S.C. § 2254. On July 3, 2013, respondent filed a motion to dismiss on the grounds that the
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petition is untimely and that petitioner failed to exhaust available state judicial remedies.
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Petitioner has not filed an opposition or a statement of no opposition to respondent’s motion to
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dismiss.
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A responding party’s failure “to file written opposition or to file a statement of no
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opposition may be deemed a waiver of any opposition to the granting of the motion and may
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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the
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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or
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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action
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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See
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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in
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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended
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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,
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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule
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regarding notice of change of address affirmed).
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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,
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petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition.
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Failure to comply with this order will result in a recommendation that this action be dismissed
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without prejudice.
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Dated: August 14, 2013.
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