Brown v. Fox

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/22/17 ORDERING that petitioner shall show cause, within 30 days of this Order, why his failure to oppose respondents December 12, 2016 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion or 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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PETER BROWN,

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Petitioner,

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No. 2:16-cv-02285 JAM GGH

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 a habeas petition pursuant to 28

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U.S.C. Section 2254. On December 12, 2016, respondent filed a motion to dismiss. ECF No. 14.

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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.1 . . . .”

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Good cause appearing, IT IS HEREBY ORDERED that:

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Petitioner shall show cause, within thirty (30) days of this Order, why his failure to oppose

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respondent’s December 12, 2016 motion to dismiss should not be deemed a waiver of any

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opposition to the granting of the motion or he shall file an opposition. Petitioner is cautioned that

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failure to respond to the instant order, or to file an opposition to the pending motion to dismiss,

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The Motion itself gave warning of this potential in footnote 1.
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will result in a recommendation that this action be dismissed.

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Dated: January 22, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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