Reed v. Williams, et al.

Filing 24

ORDER signed by District Judge Mary H. Murguia on 10/25/2010. Plaintiff's Response to Defendant's Motion to Dismiss, together sworn declarations or other admissible evidence, due by 11/19/2010.(Verduzco, M)

(PC) Reed v. Williams, et al.

Doc. 24

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IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

G e o rge Reed, III, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) )

N o . CV 1-08-910-MHM ORDER

D e fe n d a n t J. Herrera has filed a Motion to Dismiss Plaintiff's First Amended C o m p la in t pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to allege facts s u ffic ie n t to state a claim. (Doc. 20) NOTICE--WARNING TO PLAINTIFF T H I S NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT 1 D e fe n d a n t Herrera's Motion to Dismiss seeks to have your case dismissed for failure t o allege facts sufficient to state a claim for a deprivation of property in violation of due p ro c e s s . A motion to dismiss under Rule 12(b) of the Federal Rules of Civil Procedure will, if granted, end your case.

Wyatt v. Terhune, 315 F.3d 1108, 1120 n.14 (9th Cir. 2003).

Dockets.Justia.com

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Y o u must timely respond to all motions. Written oppositions must be filed not more

than 18 days, plus 3 days for mailing, after the date of service of the motion to dismiss. Local Rule 78-230(m) provides that the failure to oppose a motion "may be deemed a waiver of any opposition to the granting of the motion and may result in the imposition of sanctions," including dismissal of the action. Accordingly,
I T IS ORDERED that Plaintiff must file a response to Defendant's Motion to D is m is s , together sworn declarations or other admissible evidence, no later than 21 days fro m the filing of this order. I T IS FURTHER ORDERED that Defendants may file a reply within 8 days after s e rvic e of Plaintiff's response. D A T E D this 25th day of October, 2010.

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