Walton v. Kernan

Filing 22

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/10/2017 ORDERING Petitioner to show cause, within 30 days, why his failure to oppose respondent's 20 Motion to Dismiss should not be deemed a waiver of any opposition to the granting of the motion, and shall file an opposition. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA WALTON,

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Petitioner,

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No. 2:17-cv-0133 KJN P

v.

ORDER TO SHOW CAUSE

S. KERNAN,

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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. Both parties consented to proceed before the undersigned

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for all purposes. See 28 U.S.C. § 636(c). On August 23, 2017, respondent filed a motion to

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dismiss this action as barred by the statute of limitations. Petitioner has not filed an opposition to

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the motion or a statement of non-opposition. Local Rule 230(l) provides in part: “Failure of the

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responding party to file written opposition or to file a statement of no opposition may be deemed

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a waiver of any opposition to the granting of the motion . . . .” Id.
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 August 23, 2017 motion to dismiss should not

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be deemed a waiver of any opposition to the granting of the motion, and he shall file an

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opposition. Petitioner is cautioned that failure to respond to the instant order, and to file an

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opposition to the pending motion to dismiss, will result in the dismissal of this action.

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Dated: October 10, 2017

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/walt0133.46hab

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