Fields v. Velasco

Filing 50

ORDER DIRECTING Plaintiff to File an Opposition or Statement of No Opposition to Defendants' 48 Motion to Compel signed by Magistrate Judge Jennifer L. Thurston on 5/13/2011. Opposition or No Opposition Due by 5/31/2011.(Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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Plaintiff,

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Case No. 1:07-cv-01213 AWI JLT (PC)
ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF NO
OPPOSITION TO DEFENDANTS’ MOTION
TO COMPEL

vs.
J M VELASCO, et al.,

(Doc. 48)
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Defendants.

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_________________________________/

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. On April 12, 2011, Defendants Phillips and Velasco filed a

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motion to compel further interrogatory responses pursuant to Federal Rule of Civil Procedure

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37(a)(3)(B). Plaintiff, however, has failed to file an opposition or otherwise respond to the

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motion.

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Plaintiff is therefore reminded that Local Rule 230(l) provides, in part, that: “Failure of

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the responding party to file written opposition or to file a statement of no opposition [within

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twenty-one days after the date of service of a motion] may be deemed a waiver of any opposition

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to the granting of the motion . . . .” Local Rule 110 also provides that failure to comply with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court” including, but not limited to, dismissal of the

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action.
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Accordingly, it is HEREBY ORDERED that, within fourteen days of the date of this

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order, Plaintiff shall file an opposition to Defendants’ motion to compel filed April 12, 2011.

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Plaintiff is cautioned that failure to file an opposition will be deemed as a statement of no

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opposition and may result in a recommendation that this action be dismissed.1

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IT IS SO ORDERED.

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Dated: May 13, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Defendants may file a reply within seven days after being served with Plaintiff’s opposition.

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