(HC) Shotwell v. Couello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IMMANUEL SHOTWELL, No. 2:22-cv-02176-TLN-EFB (HC) 12 Petitioner, 13 v. ORDER 14 PATRICK COUELLO, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding without counsel in this petition for writ of 18 habeas corpus brought under 28 U.S.C. § 2254. On March 2, 2023, respondent filed a motion to 19 dismiss the petition. ECF No. 10. Petitioner has not filed an opposition or a statement of no 20 opposition to the motion to dismiss and the time for doing so has expired. 21 A responding party’s failure “to file written opposition or to file a statement of no 22 opposition may be deemed a waiver of any opposition to the granting of the motion and may 23 result in the imposition of sanctions.” E.D. Cal. L.R. 230(l). Failure to comply with any order or 24 with the Local Rules “may be grounds for imposition of any and all sanctions authorized by 25 statute or Rule or within the inherent power of the Court.” E.D. Cal. L.R. 110. The court may 26 dismiss this action with or without prejudice, as appropriate, if a party disobeys an order or the 27 Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not 28 abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an 1 || amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 2 | 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff's failure to comply with local rule 3 || regarding notice of change of address affirmed). 4 Accordingly, it is hereby ORDERED that, within 21 days of the date of this order, 5 || petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. 6 || Failure to comply with this order will result in a recommendation that this action be dismissed 7 || without prejudice. 8 9 | Dated: April 10, 2023. □□ PDEA EDMUND F. BRENNAN 10 UNITED STATES MAGISTRATE JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28