Warden
(HC) Garfio-Rubio v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CESAR GARFIO-RUBIO, No. 2:23-00854-EFB (HC) Petitioner, v. ORDER AND FINDINGS &
RECOMMENDATIONS
WARDEN, Respondent. 16 Petitioner is a prisoner proceeding with a writ of habeas corpus pursuant to 28 U.S.C. § 2241. On September 11, 2023, respondent filed a motion to dismiss the petition. ECF No. 10. The court ordered petitioner to respond to the petition, but petitioner has not done so and the time for filing a response has passed. ECF No. 11. 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. King v. 26 …