Arismendez v. Muniz

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/21 ORDERING that petitioner file an opposition or a statement of non-opposition to respondents pending motion to dismiss within 21 days.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROLANDO ARISMENDEZ,

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Petitioner,

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v.

No. 2:17-cv-00792-MCE-CKD P

ORDER

DAVID BAUGHMAN,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a first amended application for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 26. On November 9, 2020, respondent

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filed a motion to dismiss. Petitioner has not filed an opposition to the motion. Good cause

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appearing, IT IS HEREBY ORDERED that petitioner file an opposition or a statement of non-

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opposition to respondent’s pending motion to dismiss within twenty-one days. Failure to comply

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with this order will result in a recommendation that this action be dismissed under Rule 41(b) of

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the Federal Rules of Civil Procedure.

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Dated: January 24, 2021

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/aris0792.146.docx