Moore v. Kernan

Filing 30

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 3/27/2018 ORDERING Petitioner to show cause, within 30 days, why his failure to oppose 27 Motion to Dismiss should not be deemed a waiver of any opposition to granting of the motion, and he shall file an opposition. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARQUIS DOMINIQUE MOORE,

12
13
14

No. 2:17-cv-2080 MCE KJN P

Petitioner,
v.

ORDER TO SHOW CAUSE

SCOTT KERNAN,

15

Respondent.

16
17

Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas

18

corpus pursuant to 28 U.S.C. § 2254. On February 13, 2018, respondent filed a motion to

19

dismiss. Petitioner was informed that if respondent’s response to the habeas petition was a

20

motion, petitioner’s opposition or statement of non-opposition to the motion shall be filed within

21

thirty days. That time has passed, and petitioner has not filed an opposition to the motion. Local

22

Rule 230(l) provides in part: “Failure of the responding party to file written opposition or to file a

23

statement of no opposition may be deemed a waiver of any opposition to the granting of the

24

motion . . . .” Id.

25

Good cause appearing, IT IS HEREBY ORDERED that petitioner show cause, within

26

thirty days, why his failure to oppose respondent’s motion to dismiss should not be deemed a

27

waiver of any opposition to the granting of the motion, and he shall file an opposition. Petitioner

28

is cautioned that failure to respond to the instant order, or to file an opposition to the pending
1

1

motion to dismiss, may result in a recommendation that this action be dismissed.

2

Dated: March 27, 2018

3
4
5

/moor2080.46hab

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2