Turner v. Mattuecci

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/3/2017 ORDERING that the petitioner SHOW CAUSE, within twenty-one days, why respondent's 1/24/2017 13 Motion to Dismiss should not be granted.(Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DAWAYNE LEE TURNER,

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Petitioner,

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No. 2:16-cv-0791 JAM KJN P

v.

ORDER TO SHOW CAUSE

DOLLY MATTUECCI,

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Respondents.

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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 January 24, 2017, respondent filed a motion to dismiss.

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Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in part: “Failure

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of the responding party to file written opposition or to file a statement of no opposition may be

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deemed a waiver of any opposition to the granting of the motion . . . .” Id.

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Although it appears from the file that petitioner’s copies of recent orders were returned,

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petitioner was properly served. It is the petitioner’s responsibility to keep the court apprised of

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his current address at all times. Pursuant to Local Rule 182(f), service of documents at the record

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address of the party is fully effective.

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Good cause appearing, IT IS HEREBY ORDERED that petitioner show cause, within

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twenty-one days, why respondent’s January 24, 2017 motion to dismiss (ECF No. 13) should not

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be granted.

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Dated: March 3, 2017

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turn0791.46h

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