Gibbs v. Northern District of California, San Francisco

Filing 18

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 4/14/2017 ORDERING petitioner to show cause, within 21 days, why respondent's motion to dismiss should not be granted.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OLATUNDI LEANN GIBBS,

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No. 2:16-cv-1753 KJN P

Petitioner,
v.

ORDER TO SHOW CAUSE

DEOBRAH K. JOHNSON,

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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. Both parties consented to proceed before the undersigned

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for all purposes. See 28 U.S.C. § 636(c). On September 26, 2016, respondent filed a motion to

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dismiss this action on the grounds that it was filed beyond the one-year statute of limitations.

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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 . . . .” Good cause appearing, IT

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IS HEREBY ORDERED that petitioner show cause, within twenty-one days, why respondent’s

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motion to dismiss should not be granted.

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Dated: April 14, 2017

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/gibb1753.46h

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