Hasan v. Johnson

Filing 37

ORDER signed by Magistrate Judge Gary S. Austin on 11/7/2011 requiring plaintiff to file opposition or statement of non-opposition re 28 MOTION to DISMISS. (Filing Deadline: 12/7/2011). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAWWAAD HASAN, 12 Plaintiff, 13 14 1:08-cv-00381-GSA-PC ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT JOHNSON’S MOTION TO DISMISS WITHIN THIRTY DAYS v. B. JOHNSON, et al., 15 Defendants. (Doc. 28.) / 16 17 On June 20, 2011, defendant Johnson ("Defendant") filed a motion to dismiss. (Doc. 28.) 18 Plaintiff was required to file an opposition or a statement of non-opposition to the motion within 19 twenty-one days, but has not done so. Local Rule 230(l). 20 Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver 21 of any opposition to the granting of the motion..." The court will deem any failure to oppose 22 Defendant's motion to dismiss as a waiver, and recommend that the motion be granted on that 23 basis. 24 Failure to follow a district court's local rules is a proper grounds for dismissal. U.S. v. 25 Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for plaintiff's 26 failure to oppose a motion to dismiss, where the applicable local rule determines that failure to 27 oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 F.3d 52 (9th 28 Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where plaintiff contends he 1 1 did not receive motion to dismiss, where plaintiff had adequate notice, pursuant to Fed. R. Civ. 2 P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44 F.3d 722, 725 (9th Cir. 1995); 3 Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993) (motion for summary 4 judgment cannot be granted simply as a sanction for a local rules violation, without an 5 appropriate exercise of discretion). 6 Accordingly, within thirty days of the date of service of this order, Plaintiff shall file an 7 opposition or statement of non-opposition to the motion to dismiss filed by Defendant. If 8 Plaintiff fails to comply with this order, the Court will deem the failure to respond as a waiver, 9 and recommend that the motion be granted on that basis. 10 11 12 IT IS SO ORDERED. Dated: 6i0kij November 7, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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