Citation Codes Equivalent Citations citation codes Docket Number No. CIV-S-07-0045WBS KJM P. Motions Motion to dismiss : Granted Motion to dismiss : Denied Judges Kimberly Jo Mueller See more information ... Smart Summary Please sign up to generate summary. JEROME E. CRUZ, Petitioner, v. ROBERT HORELS, et al., Respondents. ORDER KIMBERLY MUELLER, Magistrate Judge On June 8, 2007, respondents filed a motion to dismiss. Petitioner has not opposed the motion. Petitioner will be granted thirty days within which to file an opposition to the motion to dismiss. If petitioner fails to file an opposition within thirty days, the court will recommend that this action be dismissed under Federal Rule of Civil Procedure 41(b). Accordingly, IT IS HEREBY ORDERED that petitioner file an opposition to respondents' motion to dismiss within thirty days. If petitioner fails to file an opposition within thirty days, the court will recommend that this action be dismissed under Federal Rule of Civil Procedure 41(b).