Whatley v. Ascuncion

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/26/2017 ORDERING Petitioner to file, within 21 days of the date of this order, either an opposition or a statement of no opposition to 14 Motion to Dismiss. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GERELL LEE WHATLEY,

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Petitioner,

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v.

No. 2:17-cv-1487-MCE-EFB P

ORDER

DEBBIE ASCUNCION, Warden,
Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus.

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See 28 U.S.C. § 2254. On September 25, 2017, respondent filed a motion to dismiss on the

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grounds that the petition is barred by the statute of limitations. ECF No. 14. Petitioner has not

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filed an opposition or a statement of no opposition to respondent’s motion to dismiss.

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A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action

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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended
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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition.

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Failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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Dated: October 26, 2017.

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