Cruz v. State of California

Filing 13

ORDER signed by Magistrate Judge Allison Claire on 10/5/2016 ORDERING within 30 days, petitioner shall file an opposition or statement of non-opposition to respondent's 11 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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THOMAS CRUZ,

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No. 2:16-cv-0498 AC P
Petitioner,

v.

ORDER

STATE OF CALIFORNIA,
Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 12, 2016, respondent filed a motion

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to dismiss the petition. ECF No. 11. To date, petitioner has not opposed the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of service of this order, petitioner shall file an

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opposition, or statement of non-opposition, to respondent’s motion to dismiss; and

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2. Failure to comply with this order will result in a recommendation that this action be

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dismissed for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: October 5, 2016