Opinion
No. 2: 12-cv-2489 WBS JFM (HC)
01-31-2013
HERMAN GARCIA SANDOVAL, Petitioner, v. WILLIAM KNIPP, 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 17, 2012, respondent filed a motion to dismiss. To date, petitioner has not filed an opposition to the motion to dismiss nor a statement of non-opposition to the motion. Local Rule 230(1) 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 (21) days of the date of this order, why respondent's December 17, 2012 motion to dismiss should not be granted. Failure to comply with this order may result in a recommendation that the action be dismissed.
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UNITED STATES MAGISTRATE JUDGE