Wheelwright v. The California Department of Corrections

Filing 21

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/21/2014 ORDERING petitioner to show cause, within 21 days, why respondent's 9/13/13 motion to dismiss should not be granted. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DION DARYL WHEELWRIGHT,

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No. 2:13-cv-0787 GGH P

Petitioner,

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v.

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C. WOFFORD,

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ORDER TO SHOW CAUSE

Respondent.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On September 13, 2013, respondent filed a motion to

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

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“Failure of the responding party to file written opposition or to file a statement of no opposition

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may be deemed a waiver of any opposition to the granting of the motion . . . .” Good cause

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appearing, IT IS HEREBY ORDERED that petitioner show cause, within twenty-one days, why

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respondent’s September 13, 2013 motion to dismiss should not be granted.

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Dated: January 21, 2014

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/whee0787.46hab

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