Hernandez v. Sherman

Filing 19

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 3/6/2017 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's 12/12/2016 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion or he shall file an opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL ALVAREZ HERNANDEZ,

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No. 2:16-cv-02472 MCE GGH (HC)

Petitioner,
v.

ORDER TO SHOW CAUSE

STU SHERMAN, Warden
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 January 27, 2017, respondent filed a motion to dismiss the petition.

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ECF No. 16. Petitioner has neither filed an opposition to the motion nor sought an extension of

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time to do so. Local Rule 230(l) provides in part that opposition to the granting of a motion

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“shall be served and filed by the responding not more than twenty-one (21) days after the date of

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service of the motion. Thus petitioner’s opposition to respondent’s motion was due on February

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20, 2017. Local Rule 230(l) further states that “[f]ailure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion. . . .”

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In light of the foregoing and 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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will result in a recommendation that this action be dismissed.

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Dated: March 6, 2017

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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