Frauenheim

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE M. AGUILERA, No. 2:19-cv-1615 MCE KJN P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SCOTT FRAUENHEIM, Respondent. 16 Petitioner is a state prisoner, proceeding pro se, with an application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On October 11, 2019, respondent filed a motion to dismiss, arguing that petitioner’s appeal was pending at the time he filed the instant action, precluding this court’s review. On November 5, 2019, respondent re-served the motion on petitioner using the correct inmate identification number. Thirty days have now passed, and petitioner has not filed an opposition to the motion. Local Rule 230(l) provides in part: “Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . .” Id. The undersigned has reviewed the state court docket and determined…