Stanfield v. Muniz

Filing 13

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 2/23/2018 ORDERING Petitioner to SHOW CAUSE within 30 days of this Order why his failure to file his Opposition or a Statement of Non-Opposition as ordered should not be deemed a waiver of any opposition to the granting of the motion or 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

EARL RICHARD STANFIELD JR.,

12
13
14

No. 2:17-cv-02352-TLN-GGH

Petitioner,
v.

ORDER TO SHOW CAUSE

WILLIAM MUNIZ, Warden,

15

Respondent.

16
17
18
19

Petitioner brings this action in pro se. The matter was referred to this United States
Magistrate Judge pursuant to Local Rule 302(c)(21)/
On December 14, 2017 this court issued an Order directing Respondent to file a response

20

to the petition and further directing that should that response be a Motion to Dismiss petitioner

21

was to file an Opposition or Statement of Non-Opposition to the Motion within thirty (30) days of

22

being served with the Motion. ECF No. 5 at 2:7-8. Responded filed a Motion to Dismiss on

23

February 9, 2018. Thus one or the other of petitioner’s responsive pleadings was to be filed on or

24

about March 9, 2018. Petitioner has filed neither an Opposition nor a Statement of Non-

25

Opposition.

26

In light of the foregoing IT IS HEREBY ORDERED that:

27

1.

28

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

file his Opposition or a Statement of Non-Opposition as ordered should not be deemed a waiver
1

1
2
3
4
5
6

of any opposition to the granting of the motion or he shall file an opposition.
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;
IT IS SO ORDERED.
Dated: April 23, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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