Abbott v. Baker et al

Filing 16

ORDER - Abbott's response to # 10 Motion to dismiss due by 8/21/2015. Signed by Judge Miranda M. Du on 7/15/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAVID ROY ABBOTT,

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Case No. 3:14-cv-00599-MMD-WGC
Petitioner,

ORDER

v.
RENEE BAKER, et al.,

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Respondents.

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In this habeas corpus action, brought by Nevada prisoner David Roy Abbott, the

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respondents filed a motion to dismiss on June 25, 2015. (Dkt. no. 10.) Abbott’s

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response to the motion to dismiss was due on July 13, 2015. Abbott did not file a

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response by that date.

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In the interests of justice, the Court will, sua sponte, extend to August 21, 2015,
the time for Abbott to file and serve a response to the motion to dismiss.

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If Abbott does not respond to the motion to dismiss by August 21, 2015, the

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Court will rule on the motion to dismiss without a response from Abbott. Moreover,

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Abbott is cautioned that, under Local Rule 7−2(d), the failure to file a response to a

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motion constitutes consent to the granting of the motion.

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It is therefore ordered that the time for petitioner to file and serve a response to
the motion to dismiss (dkt. no. 10) is extended to, and including, August 21, 2015.
DATED THIS 15th day of July 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE