Rosiles v. Pfeiffer

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 4/23/2018 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 shall file an opposition. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANK RENE ROSILES,

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Petitioner,

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No. 2:17-cv-02600-KJM-GGH

v.

ORDER TO SHOW CASE

C. PFEIFFER, Warden,

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Respondent.

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Petitioner is proceeding in pro se and informa pauperis in this habeas action. On

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December 18, 2017 this court issued an Order directing respondent to file a response within sixty

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(60) days from the date of the Order, ECF No. 3 at 2:3-6, and further directing that if the response

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

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within thirty (30) days after the Motion was served. Id. at 9-12. Petitioner’s pleading was,

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therefore, due for filing on or about January 20, 2018. Petitioner has submitted neither.

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

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

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