Tyes v. Sherman

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 12/05/17 ORDERING petitioner shall show cause within 15 days of this order why his failure to file his opposition as ordered should not be deemed a waiver of any opposition to the g ranting of the motion or he shall file an opposition. The clerk of the court shall randomly assign this matter to a district court judge. U.S. District Court Judge John A. Mendez randomly assigned to this action. The case number is 2:15-cv-2655 JAM GGH (HC). (Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ARTHUR EUGENE TYES, 11 Petitioner, 12 13 v. No. 2:15-cv-02655-GGH ORDERTO SHOW CAUSE STUART SHERMAN, 14 Respondent. 15 16 17 Petitioner brings this action in pro se. The matter was referred to this United States Magistrate Judge pursuant to Local Rule 302(c)(21)/ 18 On September 21, 2017 respondent filed a motion to dismiss the petition. ECF No. 12. 19 On November 15, 2017 this court granted a 14 day extension of time to petitioner to respond to 20 that motion, thus requiring his Opposition due to be filed on or before November 30, 2017. ECF 21 No. 15. No opposition or statement of non-opposition, as required by the Local Rules of this 22 District, have been filed by petitioner. 23 In light of the foregoing it is hereby Ordered that: 24 1. Petitioner shall show cause within fifteen (15) days of this Order why his failure to 25 file his Opposition as ordered should not be deemed a waiver of any opposition to the granting of 26 the motion or he shall file an opposition. 27 28 2. Petitioner is cautioned that failure to respond timely to this Order to Show cause will lead to a recommendation that his petition shall be dismissed with prejudice; 1 1 3. 2 IT IS SO ORDERED. 3 4 The Clerk of the Court shall randomly assign this matter to a district court judge. Dated: December 5, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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