Ward v. Price

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 1/18/2017 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's 13 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH LEE WARD,

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No. 2:16-cv-1406 JAM KJN P

Petitioner,

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v.

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J. PRICE,

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ORDER TO SHOW CAUSE

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 December 12, 2016, respondent filed a motion to

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

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“Failure of the responding party to file written 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 . . . .” Id.

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

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thirty days, why his failure to oppose respondent’s motion to dismiss (ECF No. 13) should not be

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deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.

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Petitioner is cautioned that failure to respond to the instant order, and to file an opposition to the

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pending motion to dismiss, will result in a recommendation that this action be dismissed.

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Dated: January 18, 2017

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/ward1406.46h

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