Givens v. Muniz

Filing 19

ORDER signed by Magistrate Judge Allison Claire on 6/7/16 ORDERING, within 21 days, plaintiff shall file and serve an opposition or statement of non-opposition to respondent's pending 17 motion to dismiss.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DeERICK ERONN GIVENS,

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No. 2:16-cv-00249 TLN AC P

Petitioner,
v.

ORDER

W. L. MUNIZ, Warden,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant

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to 28 U.S.C. § 2254. On April 19, 2015, respondent filed and served a motion to dismiss the

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petition. See ECF No. 17. Petitioner’s opposition or statement of non-opposition was due within

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thirty days, see ECF No. 12 at 2, ¶ 5, or by May 19, 2016. However, petitioner has not responded

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to the motion.

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days after the

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filing date of this order, plaintiff shall file and serve an opposition or statement of non-opposition

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to respondent’s pending motion to dismiss. Failure to timely comply with this order will result in

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a recommendation that this action be dismissed without prejudice for failure to prosecute,

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pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: June 7, 2016

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