(HC) Tran v. Thompson

Filing 10

ORDER signed by Magistrate Judge Deborah Barnes on 5/9/2022 DIRECTING Petitioner file an opposition, if any, to the 9 Motion to Dismiss within 30 days from the date of this order. (Perdue, C.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS TRAN,

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Petitioner,

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No. 2:21-cv-1707 KJM DB P

v.

ORDER

PAUL THOMPSON,

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Respondent.

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Petitioner, a federal prisoner, seeks habeas corpus relief pursuant to 28 U.S.C. § 2241. On

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March 25, 2022, respondent filed a motion to dismiss. Petitioner has not opposed the motion.
Local Rule 230(l) provides, in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion....” Id. In addition, by order filed January 25, 2022, petitioner was

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advised “an opposition to a motion to dismiss is due within thirty days of service of the motion to

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dismiss[.]” (ECF No. 7 at 3.) Failure to comply with this court’s Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” Local Rule 110.
Good cause appearing, IT IS ORDERED that, within 30 days from the date of this order,

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petitioner shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition

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will be deemed as consent to have the action dismissed for failure to prosecute and failure to

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comply with a court order.

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Dated: May 9, 2022

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DLB7

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tran1707.nooppo

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