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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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XAVIER SPIVEY,

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No. 2:17-cv-1612 JAM AC P

Petitioner,
v.

ORDER

DAVID BAUGHAM,
Respondent.

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Petitioner is a state prisoner proceeding pro se with a habeas corpus petition filed pursuant

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to 28 U.S.C. § 2254. On October 9, 2017, respondent filed a motion to dismiss the petition. ECF

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No. 11. Petitioner has not opposed respondent’s motion. Good cause appearing, IT IS HEREBY

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ORDERED that, within twenty-one days after service of this order, petitioner shall file and serve

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an opposition or statement of opposition to the pending motion to dismiss. Failure to comply

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with this order will result in a recommendation that this action be dismissed without prejudice for

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failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: November 27, 2017

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