Opinion
2:22-cv-00281-GMN-EJY
08-06-2022
CURT MCLELLAN, Petitioner, v. TIM GARRETT, ET AL., Respondents.
ORDER
Gloria M. Navarro, Judge United States District Court
This counseled habeas matter is before this Court on the Respondents' motion to dismiss. (ECF No. 8.) In this Court's scheduling order, this Court ordered that “[t]he response and reply time to any motion filed by either party, including a motion filed in lieu of a pleading, will be governed . . . by Local Rule LR 7-2(b).” (ECF No. 2.) Local Rule 7-2(b) provides that “the deadline to file and serve any points and authorities in response to [a motion other than a motion for summary judgment] ¶ 14 days after service of the motion.” Respondents' motion to dismiss was electronically served on July 8, 2022. As such, Petitioner's 14-day deadline to respond to the motion to dismiss expired on July 22, 2022. To date, Petitioner has not filed a response nor requested an extension of time.
It is therefore ordered that Petitioner has 10 days from the date of this order to file a response to the motion to dismiss. Failure to file a response within 10 days may result in the dismissal of this action.