Bouie v. Fox

Filing 21

ORDER signed by Magistrate Judge Allison Claire on 5/2/2018 VACATING the 18 findings and recommendations filed 4/27/2018. Petitioner shall, within 21 days, file and serve an opposition to the pending motion to dismiss; no further extensions of time will be granted. Petitioner shall, within 14 days, serve on respondent a copy of petitioner's 19 motion to stay and abey this action. Respondent shall, within 45 days, file and serve a reply to petitioner's opposition, if any, to respon dent's motion to dismiss, and a response to petitioner's motion to stay and abey this action. The Clerk shall (a) Designate on the docket that ECF No. 20 is a "letter of clarification" (not an opposition); and (b) Send petitioner, together with this order, a copy of his motion to stay and abey this action so that petitioner may serve the motion on respondent. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DIRK J. BOUIE, Jr.,

12

Petitioner,

13
14

No. 2:17-cv-2044 TLN AC P

v.

ORDER

ROBERT FOX, Warden,

15

Respondent.

16
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

17
18

under 28 U.S.C. § 2254, challenging a disciplinary conviction. See ECF No. 1. On April 27,

19

2018, this court issued findings and recommendations recommending the dismissal of this action

20

due to petitioner’s failure to file an opposition to the pending motion to dismiss, despite numerous

21

extensions of time within which to do so. See ECF No. 18. Petitioner subsequently filed a

22

motion to stay and abey this action, ECF No. 19 (which he asks this court to serve on respondent),

23

and a statement indicating that he also filed an opposition, ECF No. 20. However, the court has

24

not received an opposition. According petitioner one final opportunity to complete briefing in

25

this case, the court vacates the pending findings and recommendations and makes the following

26

order.

27

////

28

////
1

1

For the reasons set forth above, IT IS HEREBY ORDERED that:

2

1. The court’s findings and recommendations filed April 27, 2018, ECF No. 18, are

3

vacated.

4

2. Petitioner shall, within twenty-one (21) days after the filing date of this order, file

5

and serve an opposition to the pending motion to dismiss– no further extensions of time will be

6

granted.

7

3. Petitioner shall, within fourteen (14) days after the filing date of his order, serve on

8

respondent a copy of petitioner’s motion to stay and abey this action (ECF No. 19); failure to

9

serve this motion within this period of time shall result in its automatic denial for failure to follow

10
11

court orders and the Federal Rules of Civil Procedure.
4. Respondent shall, within forty-five (45) days after the filing date of this order, file

12

and serve a reply to petitioner’s opposition, if any, to respondent’s motion to dismiss, and a

13

response to petitioner’s motion to stay and abey this action.

14
15
16
17
18
19
20

5. The Clerk of Court is directed to:
a. Designate on the docket that ECF No. 20 is a “letter of clarification” (not an
opposition); and
b. Send petitioner, together with a copy of this order, a copy of his motion to stay
and abey this action (ECF No. 19) so that petitioner may serve the motion on respondent.
SO ORDERED.
DATED: May 2, 2018

21
22
23
24
25
26
27
28
2