(HC) Martinez v. D. Brewer

Good Law
United States District Court, Eastern District of CaliforniaJanuary 29, 20242:23-cv-00707California567 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON MARTINEZ, No. 2:23-00707-EFB (HC) Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

D. BREWER, Respondent. 16 Petitioner is a prisoner proceeding with a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On July 12, 2023, respondent filed a motion to dismiss the petition. ECF No. 8. The court has twice ordered petitioner to respond to the petition, but petitioner has not done so and the time for filing a response has passed. ECF Nos. 9, 13. 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 . . . .” “Failure to follow a district court’s local rules is a proper ground for dismissal.” Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Pro se litigants are bound by the rules of procedure, even though pleadings are liberally construed in their favor.…

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