Spivey v. Baugham

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 11/27/2017 ORDERING Petitioner to file and serve, within 21 days after service of this order, an opposition to the pending motion to dismiss. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 XAVIER SPIVEY, 12 13 14 15 No. 2:17-cv-1612 JAM AC P Petitioner, v. ORDER DAVID BAUGHAM, Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant 18 to 28 U.S.C. § 2254. On October 9, 2017, respondent filed a motion to dismiss the petition. ECF 19 No. 11. Petitioner has not opposed respondent’s motion. Good cause appearing, IT IS HEREBY 20 ORDERED that, within twenty-one days after service of this order, petitioner shall file and serve 21 an opposition or statement of opposition to the pending motion to dismiss. Failure to comply 22 with this order will result in a recommendation that this action be dismissed without prejudice for 23 failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 24 DATED: November 27, 2017 25 26 27 28

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