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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OLATUNDI LEANN GIBBS, 12 13 14 No. 2:16-cv-1753 KJN P Petitioner, v. ORDER TO SHOW CAUSE DEOBRAH K. JOHNSON, 15 Respondent. 16 17 Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Both parties consented to proceed before the undersigned 19 for all purposes. See 28 U.S.C. § 636(c). On September 26, 2016, respondent filed a motion to 20 dismiss this action on the grounds that it was filed beyond the one-year statute of limitations. 21 Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in part: “Failure 22 of the responding party to file written opposition or to file a statement of no opposition may be 23 deemed a waiver of any opposition to the granting of the motion . . . .” Good cause appearing, IT 24 IS HEREBY ORDERED that petitioner show cause, within twenty-one days, why respondent’s 25 motion to dismiss should not be granted. 26 Dated: April 14, 2017 27 /gibb1753.46h 28 1

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