Olic v. Lizaraga

Filing 40

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/6/2015 ORDERING that within 21 days, petitioner shall file and serve an opposition or a non-opposition to the motion to dismiss, and shall SHOW CAUSE in writing why sanctions should not be imposed for failure to timely file an opposition or statement of non-opposition to the pending motion.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILORAD OLIC,

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No. 2:14-cv-2120 KJM GGH P
Petitioner,

v.

ORDER AND

WARDEN JOE A. LIZARRAGA,

ORDER TO SHOW CAUSE

Respondent.

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

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28 U.S.C. § 2254. Respondent’s motion to dismiss was filed and served on July 17, 2015. (ECF

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No. 32.) Opposition to motions, or a statement of non-opposition thereto, must be filed within

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twenty-one days after the date of service of the motion. E.D. Cal. L. R. 230(l). Court records

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reflect that petitioner failed to file opposition or a statement of non-opposition to the motion,

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despite receiving an extension of time in which to do so. (See ECF No. 35.)

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It is true that petitioner had filed his most recent motion to obtain legal property on July

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27, 2015, (ECF No. 34), which was construed as a motion for protective order and granted on

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August 7, 2015, (ECF No. 35); however, respondent filed a satisfactory response on August 28,

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2015, outlining the circumstances under which petitioner and his property have been transferred

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between institutions and how he is in possession of all of his legal materials. It now appears

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without question that petitioner has received all of his legal property. Therefore, as petitioner has

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been in possession of his legal property since at least August 28, 2015, he will not be granted

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further extensions of time in which to respond to the motion to dismiss, and the failure to file an

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opposition will result in a recommendation that this action be dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that: Within twenty-one days from

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the date of this order petitioner shall file and serve an opposition or non-opposition to the motion

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to dismiss, and shall show cause in writing why sanctions should not be imposed for failure to

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timely to file opposition or a statement of non-opposition to the pending motion. Failure to file

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opposition or a statement of non-opposition, will be deemed a statement of non-opposition, and

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shall result in a recommendation that this action be dismissed.

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Dated: October 6, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Olic2120.osc

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