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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR EUGENE TYES,

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Petitioner,

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v.

No. 2:15-cv-02655-GGH

ORDERTO SHOW CAUSE

STUART SHERMAN,

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Respondent.

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Petitioner brings this action in pro se. The matter was referred to this United States
Magistrate Judge pursuant to Local Rule 302(c)(21)/

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On September 21, 2017 respondent filed a motion to dismiss the petition. ECF No. 12.

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On November 15, 2017 this court granted a 14 day extension of time to petitioner to respond to

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that motion, thus requiring his Opposition due to be filed on or before November 30, 2017. ECF

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No. 15. No opposition or statement of non-opposition, as required by the Local Rules of this

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District, have been filed by petitioner.

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In light of the foregoing it is hereby Ordered that:

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1.

Petitioner shall show cause within fifteen (15) days of this Order why his failure to

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file his Opposition as ordered should not be deemed a waiver of any opposition to the granting of

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the motion or he shall file an opposition.

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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;
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3.

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IT IS SO ORDERED.

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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

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