Battle v. Martinez

Filing 19

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/07/16 ordering that petitioner file an opposition or statement of non-opposition to respondent's motion to dismiss no later than 30 days from the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NOAH H. O. BATTLE,

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No. 2:16-cv-0411 TLN CKD P

Petitioner,
v.

ORDER

JOEL MARTINEZ,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with an application for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On July 29, 2016, respondent filed a motion to dismiss the

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petition as time-barred. Petitioner has not filed an opposition or otherwise responded to the

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motion.

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Good cause appearing, IT IS HEREBY ORDERED that petitioner file an opposition or

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statement of non-opposition to respondent’s motion to dismiss no later than thirty (30) days from

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the date of this order. Failure to comply with this order will result in a recommendation that this

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action be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure.

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Dated: September 7, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / batt0411.146