(HC) Smith v. California Department of Correction and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TORIANO GERMAINE SMITH, No. 2:19-cv-2282-KJM-EFB P Petitioner, v. FINDINGS AND RECOMMENDATIONS CALIFORNIA DEPARTMENT OF
CORRECTION AND
REHABILITATION, Respondent. 17 Petitioner, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On January 31 2020, respondent filed a motion to dismiss. ECF No. 10. On February 26, 2020, the court informed petitioner of the requirements for filing an opposition to any motion to dismiss. That order gave petitioner 21 days to file an opposition or statement of non-opposition and warned petitioner that failure to do so would result in a recommendation that this action be dismissed. The 21 days have passed and petitioner has not filed an opposition or a statement of no opposition nor otherwise responded to the February 26, 2020, order. ///// ///// Accordingly, it is RECOMMENDED that this action be dismissed. Fed. R. Civ. P.…