Sam v. Davey

Filing 16

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 07/31/17 ordering petitioner shall show cause why his petition should not be dismissed for failure to follow the court's order of 5/15/17 within 30 days of issuance of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK DWAYNE SAM,

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Petitioner,

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v.

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No. 2:17-cv-744 JAM GGH P

D. DAVEY, Warden,

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ORDER TO SHOW CAUSE

Respondent.

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Petitioner is proceeding in forma pauperis pursuant to an Order granting him that status
issued on June 26, 2017. ECF No. 14.
On May 15, 2017, this court issued an Order requiring Respondent to respond to

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petitioner’s petition within 60 days. ECF No. 5. In that Order, the court directed petitioner to file

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an Opposition to any Motion to Dismiss filed by respondent in response to the Order within 30

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days after its service on petitioner. Id. Respondent filed a Motion to Dismiss on June 19, 2017.

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ECF No. 10. The Opposition from petitioner was therefore due on or about July 19, 2017. No

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Opposition has been received by the court nor has petition sought an extension of time to file

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Opposition.

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In light of the foregoing IT IS THEREFORE ORDERED that:

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1.

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Petitioner shall show cause why his petition should not be dismissed for failure to

follow the court’s Order of May 15, 2017 within 30 days of the issuance of this Order;
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2.

Petitioner is warned that failure to respond timely to this Order to Show Cause will

lead to the recommendation that his petition be dismissed with prejudice.
IT IS SO ORDERED.
Dated: July 31, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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