McFarland v. State of California

Filing 22

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/5/2017 ORDERING, within 21 days, petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS SCOTT McFARLAND,

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No. 2:16-cv-2568-JAM-EFB P

Petitioner,
v.

ORDER

STATE OF CALIFORNIA,
Respondent.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28

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U.S.C. § 2254. On May 5, 2017, respondent filed a motion to dismiss on the ground that the sole

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claim in the petition is unexhausted. Petitioner has not filed an opposition or a statement of no

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opposition to respondent’s motion to dismiss.

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A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action

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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended
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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition.

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Failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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Dated: June 5, 2017.

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