IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 6, 2008
GARY FRANCIS O'LEARY, PETITIONER,
MICHAEL MARTEL, WARDEN, RESPONDENT.*FN1
The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge
Gary O'Leary, a state prisoner proceeding pro se, filed an application for habeas corpus relief pursuant to § 2254(a) on October 12, 2006. Petitioner is an inmate currently incarcerated at Mule Creek State Prison, serving an indeterminate state prison sentence of sixteen years.
Respondent filed a motion to dismiss Petitioner's application on February 8, 2008. (Doc. No. 18). Respondent maintains that the petition should be dismissed without consideration of the merits because it was filed beyond the one-year statute of limitations set forth in 28 U.S.C. § 2244(d). On February 12, 2008, the Court issued an order directing Petitioner to file a response in opposition to Respondent's motion to dismiss within 35 days. (Doc. No. 20). Petitioner failed to file a response or otherwise comply with the Court's order by the due date. On March 6, 2008 Petitioner filed a notice of change of address, indicating that he had been transferred to MCSP. (Doc. No. 21).
On April 8, 2008, the Court issued an order directing the parties to file briefs, no later than April 24, 2008, discussing any arguments based on supplemental authority that may have a material impact on the case discovered by the parties during the long pendency of the instant petition. (Doc. No. 22). On April 15, 2008, the Court issued an order directing Petitioner to file a response in opposition to Respondent's motion to dismiss no later than May 13, 2008. (Doc. No. 25). Petitioner has failed to respond to or otherwise comply with any of the above-referenced orders.
Petitioner is hereby ordered to respond or to otherwise comply with the Court's order directing Petitioner to file a response to Respondent's motion to dismiss no later than August 15, 2008. Failure to comply with this order will result in this action being dismissed for failure to prosecute.