Myles v. Montgomery

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 10/14/2015 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORLINDO ANTONIO MYLES,

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No. 2:15-cv-00591 GEB-GGH

Petitioner,
v.

ORDER TO SHOW CAUSE

WARDEN W.L. MONTGOMERY,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition pursuant to 28 U.S.C. §

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2254. On August 18, 2015, respondent filed a motion to dismiss. Petitioner has not filed an

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opposition to the motion. In accordance with the court’s April 23, 2015, order petitioner had until

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September 17, 2015, to file an opposition or notice of non-opposition. See ECF No. 3. Petitioner

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has yet to file an opposition or notice of non-opposition to respondent’s motion. Local Rule

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230(l) provides in part: “Failure of the responding party to file written opposition or to file a

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statement of no opposition may be deemed a waiver of any opposition to the granting of the

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motion . . . .”

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Good cause appearing, IT IS HEREBY ORDERED that petitioner shall show cause,

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within thirty (30) days, why his failure to oppose respondent’s August 18, 2015, motion to

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dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he

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shall file an opposition. Petitioner is cautioned that failure to respond to the instant order, or to
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file an opposition to the pending motion to dismiss, will result in a recommendation that this

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action be dismissed.

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Dated: October 14, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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/myle591.osc.mab

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