Davis v. Fox

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 10/17/2017 ORDERING, within 21 days, plaintiff shall file and serve an opposition or statement of non-opposition to the pending 8 motion to dismiss. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL E. DAVIS, 12 13 14 15 No. 2:17-cv-0230 GEB AC P Petitioner, v. ORDER ROBERT W. FOX, Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant 18 to 28 U.S.C. § 2254. On August 28, 2017, respondent filed a motion to dismiss the petition. ECF 19 No. 8. Petitioner has not opposed respondent’s motion. Good cause appearing, IT IS HEREBY 20 ORDERED that, within twenty-one days of service of this order, plaintiff shall file and serve an 21 opposition or statement of non-opposition to the pending motion to dismiss. Failure to comply 22 with this order will result in a recommendation that this action be dismissed without prejudice for 23 failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 24 DATED: October 17, 2017 25 26 27 28

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