Knight v. People of the State of California

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 06/16/15 ordering that within 21 days of the date of service of this order, petitioner shall show cause in writing why this court should not grant the pending motion to dismiss the petition. Alternatively, if petitioner no longer wishes to proceed with this federal habeas action, he may file a request to voluntarily dismiss this case. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VONTRE KNIGHT,

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Petitioner,

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No. 2:14-cv-2565 TLN DAD P

v.

ORDER TO SHOW CAUSE

STU SHERMAN, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On May 5, 2015, respondent filed a motion to dismiss the pending

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federal habeas petition as premature in light of the fact that petitioner has a direct appeal

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challenging the judgment of conviction at issue currently pending before the California Court of

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Appeal. Petitioner has not filed an opposition to the motion to dismiss. Local Rule 230(l)

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provides in part: “Failure of the responding party to file written opposition or to file a statement

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of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . .”
Good cause appearing, IT IS HEREBY ORDERED that within twenty-one days of the

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date of service of this order, petitioner shall show cause in writing why this court should not grant

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the pending motion to dismiss the petition. Alternatively, if petitioner no longer wishes to

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proceed with this federal habeas action, he may file a request to voluntarily dismiss this case.

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Dated: June 16, 2015

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DAD:9
knig2565.102

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