Fernandez v. Warden

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 10/3/2017 ORDERING, within 21 days, petitioner shall file and serve an opposition or statement of non-opposition to the pending 12 motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CORY WALLACE FERNANDEZ,

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No. 2:16-cv-3013 MCE AC P

Petitioner,
v.

ORDER

SOLEDAD STATE PRISON,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant

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to 28 U.S.C. § 2254. On August 17, 2017, respondent filed a motion to dismiss the petition. ECF

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No. 12. Petitioner has not responded to the motion. Accordingly, IT IS HEREBY ORDERED

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that, within twenty-one days of service of this order, petitioner shall file and serve an opposition

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or statement of non-opposition to the pending motion to dismiss. Failure to comply with this

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order 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: October 3, 2017

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