Fernandez v. Warden
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
CORY WALLACE FERNANDEZ,
No. 2:16-cv-3013 MCE AC P
SOLEDAD STATE PRISON,
Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant
to 28 U.S.C. § 2254. On August 17, 2017, respondent filed a motion to dismiss the petition. ECF
No. 12. Petitioner has not responded to the motion. Accordingly, IT IS HEREBY ORDERED
that, within twenty-one days of service of this order, petitioner shall file and serve an opposition
or statement of non-opposition to the pending motion to dismiss. Failure to comply with this
order will result in a recommendation that this action be dismissed without prejudice for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b).
DATED: October 3, 2017
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