(HC) Simms v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE SIMMS, Case No. 2:21-cv-00035-KJM-JDP (HC) Petitioner, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR

v. FAILURE TO PROSECUTE AND FAILURE

TO COMPLY WITH LOCAL RULES

JEFF LYNCH,1 ECF No. 12 Respondent.

RESPONSE DUE WITHIN TWENTY-ONE

DAYS 17 On April 27, 2021, respondent filed a motion to dismiss this case. ECF No. 12. To date, 18 petitioner has not filed a response to the motion. 19 In cases where a party is incarcerated and proceeding without counsel, a responding party 20 is required to file either an opposition or a statement of non-opposition not more than twenty-one 21 days after the motion is served. E.D. Cal. L.R. 230(l). Failure “to file an opposition or to file a 22 statement of no opposition may be deemed a waiver of any opposition to the granting of the 23 motion and may result in the imposition of sanctions.” Id. 24 To manage its docket effectively, the court imposes…