Fernandez v. Warden

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 1/9/2018 ORDERING, within 14 days, plaintiff shall file and serve an opposition or statement of no 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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Petitioner,

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

v.

ORDER

SOLEDAD STATE PRISON,

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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. After petitioner failed to respond to the motion, he was ordered to file an opposition or

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statement of non-opposition within twenty-one days or face dismissal of the petition for failure to

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prosecute. ECF No. 15. Prior to the expiration of the deadline, petitioner requested a sixty-day

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extension of time to file his opposition. ECF No. 16. The motion for extension was granted and

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petitioner was given until December 26, 2017, to file his opposition. ECF No. 17. The deadline

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for responding to the motion to dismiss has passed and petitioner has not opposed respondent’s

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motion, sought an extension of time, or taken any other action. Petitioner will be given one final

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opportunity to respond to the motion to dismiss. Failure to file an opposition or statement of non-

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opposition will result in a recommendation that this action be dismissed for failure to prosecute.

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Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days after the

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filing date of this order, plaintiff shall file and serve an opposition or statement of no opposition to

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the pending motion to dismiss. Failure to comply with this order will result in the dismissal

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without prejudice of this action for failure to prosecute pursuant to Federal Rule of Civil

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Procedure 41(b).

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DATED: January 9, 2018

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