Castillo v. Spearman

Filing 18

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 4/20/2018 ORDERING petitioner to show cause, within 30 days, why his failure to file his opposition as ordered should not be deemed a waiver of any opposition to the granting of the motion to dismiss, or he shall file an opposition. The Clerk shall serve petitioner with the 7 Order along with the instant Order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSMAN GERARDO ZARATE
CASTILLO,
Petitioner,

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ORDER TO SHOW CAUSE
v.

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M. E. SPEARMAN, Warden,
Respondent.

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Petitioner brings this action in pro se and appears in forma pauperis. The matter was

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No. 2:17-cv-2073-KHM-GGH

referred to this United States Magistrate Judge pursuant to Local Rule 302(c)(21)/
On December 15, 2017 respondent filed a motion to dismiss the petition. ECF No. 13. In

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an Order dated October 23, 2017, this court directed Petitioner that if the response filed was a

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Motion to Dismiss petitioner was to file and an Opposition or a Statement of Non-Opposition to

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that motion within 30 days of the date of the Order. Id. at 2:5-8. Thus the petitioner’s briefing

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was due on or about November 23, 2017. Petitioner has taken no action pursuant to that order.

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In light of the foregoing IT IS HEREBY ORDERED that:

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1.

Petitioner shall show cause within thirty (30) days of this Order why his failure to

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file his Opposition as ordered should not be deemed a waiver of any opposition to the granting of

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the motion or he shall file an opposition.

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2.

Petitioner is cautioned that failure to respond timely to this Order to Show cause

will lead to a recommendation that his petition shall be dismissed with prejudice;
3.

The Clerk of the Court shall serve petitioner with the Order found at ECF No. 7

along with the instant Order.
IT IS SO ORDERED.
Dated: April 20, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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