Tate v. Cate et al

Filing 53

ORDER to SHOW CAUSE signed by Magistrate Judge Jennifer L. Thurston on 9/6/11. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY TATE,

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Case No. 1:09-cv-00770 JLT (PC)

Plaintiff,

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ORDER TO SHOW CAUSE

vs.

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MATTHEW CATE, et al.,

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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 action

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pursuant to 42 U.S.C. § 1983. On August 4, 2011, Plaintiff filed a motion to compel the production

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of certain documents. (Doc. 52.) As of the date of this order, Defendants have not file an opposition

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or otherwise responded to Plaintiff’s motion.

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Local Rule 230(l) provides, in part, that: “Failure of the responding party to file written

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opposition or to file a statement of no opposition [within twenty-one days after the date of service

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of a motion] may be deemed a waiver of any opposition to the granting of the motion . . . .” Local

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Rule 110 also provides that a party’s failure to comply with the Local Rules “may be ground for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.”

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Accordingly, it is HEREBY ORDERED that within fourteen (14) days of the date of this

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order, Defendants shall (1) file an opposition or statement of no opposition to the pending motion
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to compel; and (2) show cause in writing why sanctions should not be imposed for Defendants’

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failure to comply with the Local Rules.

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IT IS SO ORDERED.

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Dated: September 6, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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