Thao v. Superior Court of California County of Sacramento

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 11/20/2019 ORDERING, within 30 days, petitioner shall file a response to respondent's 11 motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOU CHRISTMAS THAO,

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No. 2:17-cv-2396 MCE AC P

Petitioner,
v.

ORDER

STUART SHERMAN, WARDEN,
Respondent.

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Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an

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application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to

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a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On October 11, 2019, respondent filed a motion to dismiss this action on grounds

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including untimeliness and non-exhaustion. See generally ECF No. 11. Petitioner has yet to file

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a response to the motion or to communicate with the court in any way.

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In light of the above, IT IS HEREBY ORDERED that within thirty days of the date of

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this order, petitioner shall file a response to respondent’s motion to dismiss. See ECF No. 11.

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Petitioner is warned that failure to file a response to respondent’s motion may result in a

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recommendation that this action be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b).

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DATED: November 20, 2019

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