Caruthers v. Pleasant Valley State Prison

Filing 15

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/28/2015 ORDERING that this action is DISMISSED and no certificate of appealability shall issue. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JAY CARUTHERS,

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Petitioner,

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No. 2:15-cv-797-EFB P

v.

ORDER

PLEASANT VALLEY STATE PRISON,

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Respondent.

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Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. This case is before the undersigned pursuant to consent of the

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parties. See 28 U.S.C. § 636; ECF Nos. 4, 10.
On July 9, 2015, respondent filed a motion to dismiss on the ground that the petition

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contains unexhausted claims. On August 25, 2015, the court informed petitioner of the

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requirements for filing an opposition to any motion to dismiss. That order gave petitioner 21 days

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to file an opposition or statement of non-opposition and warned him that failure to do so may

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result in this action being dismissed.
The 21 days have passed and petitioner has not filed an opposition or a statement of no

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opposition nor otherwise responded to the August 25, 2015 order.

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Accordingly, this action is dismissed and no certificate of appealability shall issue. Fed.

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R. Civ. P. 41(b); Rules 11, 12, Rules Governing § 2254 Cases.

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Dated: September 28, 2015.

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