Ray v. Kernan

Filing 12

ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 7/18/2018 ORDERING, within 7 days, petitioner shall file and serve an opposition or statement of non-opposition to the motion to dismiss and shall SHOW CAUSE in writing why sanctions should not be imposed for the failure to timely respond to the 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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BILLY JAMES RAY,

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Petitioner,

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No. 2:18-cv-0623 AC P

v.

ORDER TO SHOW CAUSE

SCOTT KERNAN,

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Respondent.

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Petitioner is a state prisoner proceeding through counsel with a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. By order filed April 5, 2018, the court set a briefing

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schedule that directed respondent to respond to the petition. ECF No. 3. If the response to the

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petition was a motion, petitioner was ordered to file and serve an opposition or statement of non-

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opposition within thirty days of service of the motion. Id. at 2. On June 12, 2018, respondent

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filed a motion to dismiss. ECF No. 10. Thirty days have passed, and petitioner has not filed an

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opposition, statement of non-opposition, or a request for an extension of time.
Accordingly, IT IS HEREBY ORDERED that within seven days from the filing of this

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order, petitioner shall file and serve an opposition or statement of non-opposition to the motion to

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dismiss and shall show cause in writing why sanctions should not be imposed for the failure to

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timely respond to the motion to dismiss.

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IT IS SO ORDERED.
DATED: July 18, 2018

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