U.S. v. CRESPO, 2:10-cr-0320 MCE KJN P. (2014)
Court: District Court, E.D. California
Number: infdco20140618876
Visitors: 10
Filed: Jun. 17, 2014
Latest Update: Jun. 17, 2014
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. On April 18, 2014, respondent filed a motion to dismiss the 28 U.S.C. 2255 motion filed by movant because movant knowingly and voluntarily waived his right to appeal and to collaterally attack his guilty plea and sentence. Movant has not opposed the motion. 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 o
Summary: ORDER KENDALL J. NEWMAN, Magistrate Judge. On April 18, 2014, respondent filed a motion to dismiss the 28 U.S.C. 2255 motion filed by movant because movant knowingly and voluntarily waived his right to appeal and to collaterally attack his guilty plea and sentence. Movant has not opposed the motion. 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..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
On April 18, 2014, respondent filed a motion to dismiss the 28 U.S.C. § 2255 motion filed by movant because movant knowingly and voluntarily waived his right to appeal and to collaterally attack his guilty plea and sentence. Movant has not opposed the motion.
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. ..."
Moreover, Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court."
Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.
Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date of this order, movant shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted; (b) § 2255 motion dismissed for lack of prosecution; and (c) § 2255 motion dismissed based on movant's failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
Source: Leagle
