Thao v. Muniz

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 4/24/2017 ORDERING petitioner to file and serve an opposition or statement of non-opposition to 14 MOTION to DISMISS within 21 days after the filed date of this order. (Henshaw, R) Modified on 4/25/2017 (Donati, J).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOUA DELYNN THAO,

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Petitioner,

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No. 2:16-cv-2477 KJM AC P

v.

ORDER

WILLIAM MUNIZ, Warden,

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Respondent.

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Petitioner is a state prisoner at Salinas Valley State Prison proceeding with petition for

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writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. See ECF No. 5. By order filed January

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9, 2017, this court directed respondent to file a response to the petition. See ECF No. 9.
On March 10, 2017, respondent filed and served a motion to dismiss the petition on the

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grounds that it was filed beyond the one-year statute of limitations and contains an unexhausted

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claim. See ECF No. 14. Petitioner’s opposition or statement of non-opposition was due within

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thirty days after service of respondent’s motion. See ECF No. 9 at 2, ¶ 4. That deadline has

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passed but petitioner has not responded to the motion or otherwise communicated with the court.

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days after the

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filing date of this order, petitioner shall file and serve an opposition or statement of non-

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opposition to respondent’s pending motion to dismiss. Failure to timely comply with this order

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will result in a recommendation that this action be dismissed without prejudice for failure to

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prosecute, pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: April 24, 2017

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