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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL E. DAVIS,

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No. 2:17-cv-0230 GEB AC P
Petitioner,

v.

ORDER

ROBERT W. FOX,
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 28, 2017, respondent filed a motion to dismiss the petition. ECF

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No. 8. Petitioner has not opposed respondent’s motion. Good cause appearing, IT IS HEREBY

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

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

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with this order will result in a recommendation that this action be dismissed without prejudice for

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failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: October 17, 2017

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