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Wendell Joseph Magraff v. Robert Ayres

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


July 8, 2011

WENDELL JOSEPH MAGRAFF PETITIONER,
v.
ROBERT AYRES RESPONDENT.

ORDER

Petitioner is a former state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 25, 2011, respondent filed a motion to dismiss. Petitioner has not opposed the motion. Local Rule 230(c) requires a party to file an opposition or statement of non-opposition in response to a motion. Failure to oppose a motion to dismiss may be deemed a failure by petitioner to prosecute his case and result in dismissal under Federal Rule of Civil Procedure 41(b). Therefore plaintiff will have a final opportunity in which to file an opposition.

IT IS THEREFORE ORDERED that petitioner has thirty days from the date of this order in which to file an opposition to the motion to dismiss or statement of non-opposition.

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magr1121.osc

20110708

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