Avila v. Borders

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/22/2017 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and 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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ALEXANDER AVILA,

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Petitioner,

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No. 2:16-cv-2903 KJN P

v.

ORDER TO SHOW CAUSE

D. BORDERS,

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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. On February 23, 2017, respondent filed a motion to dismiss

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the petition for failure to exhaust state court remedies. Petitioner has not filed an opposition to

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the motion. Local Rule 230(l) provides in part: “Failure 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 . . . .” Id.

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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 should not be deemed a

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waiver of any opposition to the granting of the motion, and he shall file an opposition. Petitioner

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is cautioned that failure to respond to the instant order, or to file an opposition to the pending

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motion to dismiss, will result in a recommendation that the unexhausted claims be dismissed and

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petitioner be required to file a petition raising only the one exhausted subclaim.

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Dated: March 22, 2017

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/avil2903.46hab

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