Turner v. Filson ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 JOHN TURNER, Case No. 2:19-cv-00493-JAD-DJA 5 Petitioner, v. Order Setting January 10, 2020 6 Deadline to Oppose Motion to Dismiss TIMOTHY FILSON, et al., 7 Respondents. 8 9 Pro se Petitioner John Turner, a former Nevada prisoner, initiated this habeas corpus 10 proceeding under 28 U.S.C. § 2254 to set aside his 2016 conviction for child abuse and neglect 11 or endangerment. Petitioner has filed a new Notice of Change of Address.1 12 Respondents filed a Motion to Dismiss2 the Amended Petition for Writ of Habeas 13 Corpus3 on November 4, 2019. Under the Local Rules of Practice, Petitioner was required to file 14 a response to the motion by November 18, 2019. He did not do so. The Local Rules further 15 provide that failure to file points and authorities in opposition to a motion constitutes a consent 16 that the motion be granted.4 Although no response before the deadline expired, I will give 17 Petitioner one final opportunity to file a response to ensure a complete record. 18 IT IS THEREFORE ORDERED that the Clerk of Court is directed to MAIL Petitioner 19 one copy of Respondents’ Motion to Dismiss (ECF No. 29). 20 IT IS FURTHER ORDERED that Petitioner has until January 10, 2020 to file a 21 response to Respondents’ motion to dismiss. If Petitioner timely opposes the motion, 22 23 1 ECF No. 34. On four previous occasions, Petitioner has updated his address with the Clerk of Court. ECF No. 10, 15, 20, 27. However, multiple court mailings have been returned as 24 undeliverable. ECF No. 16, 19, 24, 25, 28. 25 2 ECF No. 29. 26 3 ECF No. 17. 27 4 LR 7-2(d); cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (failure to follow the district 28 court’s local rules is a proper ground for dismissal). 1 || Respondents may file a reply within the time allotted under Local Rule LR 7-2(b). If Petitioner 2 || fails to respond to Respondents’ motion by January 10, 2020, the court will deem his 3 || silence as consent to grant the motion. 4 Dated: December 23, 2019. 5 SE Ia 7 US. District Judge J enhifer A. Dorsey 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28