Kelley v. Warden

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 11/14/2017 ORDERING petitioner to show cause, within 30 days, why his failure to oppose respondent's motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and he shall file an opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY LEE KELLEY,

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Petitioner,

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No. 2:17-cv-1401 MCE KJN P

v.

ORDER TO SHOW CAUSE

WARDEN, MULE CREEK STATE
PRISON,
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. On October 9, 2017, respondent filed a motion to dismiss

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

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motion. Local Rule 230(l) provides in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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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 motion to dismiss (ECF No. 11) should not be

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

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

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to the pending motion to dismiss, will result in a recommendation that this action be dismissed.

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Dated: November 14, 2017

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/kell1401.46hab

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