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Suggs v. Mayberg

June 18, 2010

TYOSON JOIEL SUGGS, PETITIONER,
v.
STEPHEN W. MAYBERG, DIRECTOR, ATASCADERO STATE PRISON, RESPONDENTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding without counsel with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 19, 2010, respondent filed a motion to dismiss this action. Petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in part: "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 petitioner show cause, within twenty-one days, why his failure to oppose respondent's April 19, 2010 motion to dismiss should not be deemed a waiver of any opposition to the granting of the motion, and shall file such opposition.*fn1 Petitioner is cautioned that failure to respond to the instant order, or to file an opposition to the pending motion to dismiss, will result in a recommendation that this action be dismissed.

SO ...


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