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United States v. Witts

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 4, 2010

UNITED STATES OF AMERICA RESPONDENT,
v.
PEGGY KAYE WITTS, MOVANT.

ORDER

Movant is a federal prisoner proceeding pro se with a motion to vacate, set aside, or correct her federal sentence pursuant to 28 U.S.C. § 2255. On March 26, 2010, respondent filed a motion to dismiss. Movant has not opposed the motion or otherwise responded to it.

By order filed January 29, 2010, the court advised plaintiff that if respondent files and serves a procedural motion, movant shall file and serve an opposition or statement of non-opposition within thirty days after the countermotion is served. Local Rule 230(l) provides, in part, that "failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion...."

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of this order, movant shall file an opposition or a statement of non-opposition to respondent's March 26, 2010 motion to dismiss. Respondents shall file a reply, if any, in accordance with Local Rule 230(l).

20100504

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