Smith v. Schwarzenegger et al

Filing 130

ORDER, signed by District Judge Susan R. Bolton on 10/15/2014. Response to Defendants' Motion to Dismiss Due November 10, 2014. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESON DIVISION

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1:07-cv-1547 SRB (PC)

Michael Lenoir Smith,

ORDER

Plaintiff,
v.
Arnold Schwarzenegger, et al.,

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Defendants.

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On October 15, 2015, Defendants filed a Motion to Dismiss Plaintiff’s Complaint.
Because Plaintiff is acting pro se in this matter, the Court advises Plaintiff of the
following:
I.

RULE 230(l) CAUTIONARY NOTICE
Local Rule of Civil Procedure 230(l) states in relevant part that "[f]ailure of the

responding party to file an opposition or to file a statement of no opposition may be
deemed a waiver of any opposition to the granting of the motion and may result in the
imposition of sanctions.” See also Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir. 1994).
Plaintiff should take notice that the Court will interpret the failure to respond to
Defendant's Motion by the deadline set forth in this Order as consent to the Motion. See
id.at 652 (affirming the district court's summary granting of a motion for summary

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judgment under local rule when non-moving party was given express warning of
consequences of failing to respond).
It is Plaintiff's obligation to timely respond to all motions. Defendant's Motion will

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be summarily granted if Plaintiff fails to respond in accordance with the provisions of this
Order.
II.

RULE 41 CAUTIONARY NOTICE
Plaintiff should also take notice that the failure to timely comply with every

provision of this Order, or any other order entered in this matter, may result in the
dismissal of the Complaint or the action pursuant to Federal Rule of Civil Procedure
41(b). See Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992) (holding that the
district court may dismiss an action for failure to comply with any order of the court),
cert. denied, 506 U.S. 915 (1992). Plaintiff is warned that failure to strictly adhere to the
provisions of this or any other Court Order will result in dismissal of Plaintiff's
Complaint pursuant to Rule 41.
IT IS ORDERED directing Plaintiff to file with the Clerk of the Court and serve
on opposing counsel a responsive memorandum to Defendants’ Motion to Dismiss
Plaintiff’s Complaint no later than November 10, 2014.

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Dated this 15th day of October, 2014.

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