Tyes v. Sherman

Filing 18

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/26/2017 WITHDRAWING 16 Order to Show Cause. Petitioner to file opposition to 12 Motion to Dismiss on or before 1/15/2018. (Henshaw, R)

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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-JAM-GGH

ORDER

STUART SHERMAN,

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Respondent.

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Petitioner appears in pro se and in forma pauperis in this habeas matter. On December 21,

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2017 this court issued an Order to Show Cause why his failure to file opposition to respondent’s

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motion to dismiss his petition should not be deemed a waiver of such opposition thereby

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permitting it to grant the motion as unopposed or he should file an opposition. ECF No. 16.

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Petitioner chose to respond to the Order but did not file an opposition. The court finds

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petitioner’s explanation for his failure to oppose credible and therefore dismisses the Order to

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Show Cause.
Petitioner has had ample time to review the Motion to Dismiss. The court will therefore

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require him to file an Opposition on or before January 15, 2018. Should he again fail to so file

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this court will recommend that his petition be dismissed with prejudice. There will be no further

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extensions.

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In light of the foregoing IT IS HEREBY ORDERED that:

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The Order to Show cause issued on December 21, 2017, ECF No. 16, is hereby

withdrawn.

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2.

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January 15, 2018.

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3.

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Petitioner shall file an Opposition to the pending motion to dismiss on or before

Petitioner is cautioned that a failure to file the foregoing Opposition timely shall

lead to a recommendation that his petition be dismissed with prejudice.
IT IS SO ORDERED.
Dated: December 26, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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