Tate v. Cate et al

Filing 64

ORDER Directing Plaintiff to File an Opposition or Statement of No Opposition to Defendants' Motion for Summary Judgment 60 , signed by Magistrate Judge Jennifer L. Thurston on 3/14/12. Twenty-One Day Deadline. (Gonzalez, R)

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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,

ORDER DIRECTING PLAINTIFF TO FILE
AN OPPOSITION OR STATEMENT OF NO
OPPOSITION TO DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT

vs.
MATTHEW CATE, et al.,
Defendants.
/

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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 January 23, 2012, Defendant V. O’Brien filed a motion for summary

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judgment pursuant to Federal Rule of Civil Procedure 56. Although Plaintiff was previously advised

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of the requirements for filing an opposition to motions for summary judgment, (see Doc. 27,) Plaintiff

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has not filed an opposition to Defendants' motion in accordance with the Local Rules.

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

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responding party to file written opposition or to file a statement of no opposition [within twenty-one days

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after the date of service of a motion] may be deemed a waiver of any opposition to the granting of the

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motion . . . ." Local Rule 110 also provides that failure to comply with the Local Rules "may be grounds

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

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Court" including, but not limited to, dismissal of the action.
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Accordingly, good cause appearing, IT IS HEREBY ORDERED that, within 21 days of the date

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of this order, Plaintiff shall file an opposition to Defendant’s motion for summary judgment filed January

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23, 2012 or shall file a notice of non-opposition to the motion. Plaintiff is cautioned that failure to file

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an opposition will be deemed as a statement of non opposition and may result in a recommendation that

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this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.

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Dated: March 14, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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