Perez v. Gipson

Filing 12

ORDER signed by Magistrate Judge Dale A. Drozd on 05/31/14 ordering that within 21 days after the filing date of this order, petitioner shall file an opposition, in response to the pending motion to dismiss. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC PEREZ,

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Petitioner,

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No. 2:13-cv-01921 DAD P

ORDER1

v.
CONNIE GIPSON,

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Respondent.

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On November 21, 2013, respondent filed a motion to dismiss the petition for writ of

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habeas corpus filed by petitioner on September 11, 2013. (See ECF No. 9.) By order filed

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September 23, 2013, this court directed that, “[i]f the response to the habeas petition is a motion,

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petitioner’s opposition or statement of non-opposition to the motion shall be filed and served within

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thirty days . . . .” (ECF No. 5 at 2.) Far more than thirty days have passed since respondent filed her

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motion to dismiss, and petitioner has not responded to the motion.

Local Rule 230(l) provides in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” Local Rule 110 provides that failure to comply with the Local

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Rules “may be grounds for imposition of any and all sanctions authorized by statute or Rule or

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The parties have consented to magistrate judge jurisdiction over this action for all purposes,
pursuant to 28 U.S.C. § 636(c), and Local Rule 305(a). (See Dkt. Nos. 8, 10.)
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within the inherent power of the Court.” Federal Rule of Civil Procedure 41 authorizes dismissal

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of an action for failure to comply with the court’s rules or orders. See Fed. R. Civ. P. 41(b).

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Good cause appearing, IT IS HEREBY ORDERED that, within 21 days after the filing

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date of this order, petitioner shall file an opposition, or statement of non-opposition, in response

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to the pending motion to dismiss. Failure to comply with this order will result in the dismissal of

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this action pursuant Federal Rule of Civil Procedure 41(b).

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Dated: May 31, 2014

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DAD:4
pere1921.nooppo.hc

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