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Suggs v. Mayberg

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


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 ORDERED.


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