Opinion
No. 2:12-cv-0170 KJN P
03-01-2013
JOHN ROOD, Petitioner, v. BUTTE COUNTY COURT, Respondent.
No. 2:12-cv-0170 KJN P
The parties have consented to the jurisdiction of the magistrate judge for all purposes. 28 U.S.C. § 636(c); Local Rule 305(a). (See Dkt. Nos. 5, 23.)
ORDER TO SHOW CAUSE
Petitioner is a state prisoner, proceeding without counsel, with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 9, 2013, respondent filed a motion to dismiss. (Dkt. No. 30.) Petitioner has not filed an opposition, or any other response, to the motion. Local Rule 230(l) provides in pertinent 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, within thirty days after the filing date of this order, petitioner shall: (1) show cause why his failure to timely oppose respondent's January 9, 2013 motion to dismiss should not be deemed a waiver of opposition to the motion; and (2) file an opposition; OR (3) file a statement of non-opposition to the motion.
Petitioner's failure to respond to this order, or to file an opposition to the pending motion, shall result in dismissal of this action without prejudice. Local Rule 230(l); Fed. R. Civ. P. 41(b).
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE