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Ignacio Pena v. Gary Swarthout

July 8, 2011

IGNACIO PENA PETITIONER,
v.
GARY SWARTHOUT RESPONDENT.



ORDER

Petitioner is a state prisoner proceeding pro se with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 10, 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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20110708

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