Chance v. Martell
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 06/21/11 ordering that petitioner show cause within 30 days why his failure to oppose respondent's 05/06/11 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, or he shall file an opposition.(Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KENNETH WAYNE CHANCE,
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Petitioner,
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No. 2: 11-cv-0562 GEB KJN P
vs.
M. MARTELL,
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Respondent.
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ORDER TO SHOW CAUSE
/
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Petitioner is a state prisoner proceeding without counsel with an application for
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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On May 6, 2011, respondent filed a motion
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to dismiss. Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in
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part: “Failure of the responding party to file written opposition or to file a statement of no
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opposition may be deemed a waiver of any opposition to the granting of the motion . . . .”
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Good cause appearing, IT IS HEREBY ORDERED that petitioner show cause,
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within thirty days, why his failure to oppose respondent’s May 6, 2011 motion to dismiss should
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not be deemed a waiver of any opposition to the granting of the motion, or he shall file an
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opposition. Petitioner is cautioned that failure to respond to the instant order, or to file an
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opposition to the pending motion to dismiss, will result in a recommendation that this action be
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dismissed.
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DATED: June 21, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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