Trate

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN W. TERRELL, Case No. 1:22-cv-00305-CDB (HC)

12 Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS

13 v. (ECF No. 12) 14 WARDEN, USP-ATWATER, 15 Respondent. 16 17 18 Before the Court is Respondent’s Motion to Dismiss, filed November 4, 2022. (ECF No. 19 12). 20 Pursuant to the Court’s Order Setting Briefing Schedule and consistent with Rule 4 21 Governing Section 2254 cases,1 Petitioner had twenty-one (21) days after Respondent filed the 22 Motion to Dismiss to file Petitioner’s opposition or statement of non-opposition. As of 23 November 29, 2022, Petitioner has made neither filing. Therefore, under Eastern District of 24 California Local Rule 230(c) the Court construes Petitioner’s failure to timely oppose as a non- 25 opposition to the motion. Accordingly, the matter is fully submitted, and the Court grants 26 1 The Rules Governing Section 2254 Cases may be applied to petition for writ of habeas corpus other than 27 those brought under § 2254 at the Court’s…