Opinion
No. CIV S-07-1898 LKK EFB P.
February 11, 2008
ORDER
Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. On December 14, 2007, respondent moved to dismiss the petition on the ground that it contains both exhausted and unexhausted claims. On January 11, 2008, petitioner filed a motion to stay this action and hold it in abeyance while he presents his unexhausted claims to the state courts. Defendants have not filed an opposition or a statement of no opposition. See L. R. 78-230(m).
Accordingly, it hereby is ORDERED that:
1. Respondent has 30 days from the date this order is served to file either an opposition or a statement of no opposition to plaintiff's motion; and,
2. Failure to comply with this order will result in a finding that respondent has waived any opposition to granting petitioner's motion. See L. R. 78-230(m).