Allen v. Hughes

Filing 12

ORDER signed by Magistrate Judge Edmund F. Brennan on 8/11/2016 ORDERING, within 21 days, petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. Failure to comply with this order may result in the dismissal of this action.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAREN FRANCES ALLEN,

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No. 2:16-cv-560-GEB-EFB P

Petitioner,
v.

ORDER

KIMBERLY HUGHES, Warden,

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Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On July 12, 2016, respondent filed a motion to dismiss on the grounds that the

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petition was filed beyond the one-year statute of limitations contained in 28 U.S.C. § 2244(d).

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Petitioner has not filed an opposition or a statement of no opposition to respondent’s motion to

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dismiss.

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A responding party’s failure “to file an opposition or to file a statement of no opposition

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may be deemed a waiver of any opposition to the granting of the motion and may result in the

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imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the Local Rules

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“may be grounds for imposition by the Court of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action

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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in
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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended

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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition.

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Failure to comply with this order may result in the dismissal of this action.

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Dated: August 11, 2016.

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