(HC) Wilson v. Thompson ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CORNELL EUGENE WILSON, JR., No. 2:21-cv-0793 KJM KJN P 12 Petitioner, 13 v. ORDER 14 WARDEN, FCI-HERLONG , 15 Respondent. 16 17 On January 31, 2023, respondent filed a motion to dismiss under 28 U.S.C. § 2254, Rule 18 4. Petitioner did not oppose the motion. 19 Local Rule 230(l) provides in part: “Failure of the responding party to file written 20 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 21 the granting of the motion . . . .” Id. 22 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 23 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 24 the Court.” Id. 25 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 26 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 27 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 28 dismissal not under this rule--except one for lack of jurisdiction, ] improper venue, or failure to join a party under Rule 19--operates as 5 an adjudication on the merits. 3 | 4 Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days from the 5 || date of this order, petitioner shall file an opposition, if any, to the motion to dismiss. Failure to 6 || file an opposition will be deemed as consent to have the: (a) action dismissed for lack of 7 || prosecution; and (b) action dismissed based on petitioner’s failure to comply with these rules and g || acourt order. Such failure shall result in a recommendation that this action be dismissed pursuant g || to Federal Rule of Civil Procedure 41(b). 10 || Dated: February 27, 2023 Aectl Aharon 2 KENDALL J. NE Avils0793.nop UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 | | The Federal Rules of Civil Procedure apply in a habeas action unless they are “inconsistent with any statutory provisions” or with the Rules Governing Section 2254 Cases. See Rule 12, 28 | Rules Governing Section 2254 Cases; Mayle v. Felix, 545 U.S. 644, 654-55 (2005).