Vu v. Rackley

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 3/24/2017 ORDERING, within 21 days, petitioner shall file and serve an opposition or statement of non-opposition to the pending 10 motion to dismiss.(Yin, K)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MAI THI VU, 11 No. 2:16-cv-1732 MCE AC P Petitioner, 12 v. 13 RON RACKLEY, 14 ORDER Respondent. 15 Petitioner is a former1 state prisoner proceeding pro se with a habeas corpus petition filed 16 17 pursuant to 28 U.S.C. § 2254. On January 30, 2017, respondent filed a motion to dismiss the 18 petition. ECF No. 10. Petitioner has not filed any response to respondent’s motion. Accordingly, IT IS HEREBY ORDERED that, within twenty-one days after the filing 19 20 date of this order, petitioner shall file and serve an opposition or statement of non-opposition to 21 the pending motion to dismiss. Failure to comply with this order will result in a recommendation 22 that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of 23 Civil Procedure 41(b). 24 DATED: March 24, 2017 25 26 27 28 1 Petitioner recently filed a notice of change of address that indicates she is no longer in custody. ECF No. 11.

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