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Derrick Hill v. Gary Swarthout

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


April 18, 2011

DERRICK HILL, PETITIONER,
v.
GARY SWARTHOUT, RESPONDENT.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, filed an application to pursuant to 28 U.S.C. § 2254. The parties consented to the jurisdiction of the undersigned in this habeas matter. See Docket # 9 and # 13.

By order February 16, 2011, petitioner was ordered to show cause, within twenty-one days, why respondent's December 7, 2010, motion to dismiss should not be granted. The twenty-one day period has now expired, and petitioner has not shown cause or otherwise responded to the court's order. In addition, the court has reviewed the motion to dismiss as barred by the AEDPA statute of limitations and has found, on the face of it, that it has merit.*fn1

Accordingly, IT IS HEREBY ORDERED that respondent's motion to dismiss, filed on December 7, 2010 (docket # 14), is granted.

GGH:009 hill2632.ord


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