Floyd v. Fox

Filing 17

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 2/10/17 ORDERING that petitioner show cause, within 30 days, why his failure to oppose respondent's motion to dismiss (ECF No. 14 ) should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES FLOYD,

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Petitioner,

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No. 2:16-cv-1778 KJN P

v.

ORDER TO SHOW CAUSE

ROBERT W. FOX, Warden,

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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 December 30, 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.
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. 14) 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 an order granting the motion, and dismissing the

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unexhausted claims.

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Dated: February 10, 2017

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/floy1778.46hab

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