Ransom v. Department of Corrections & Rehabilitations, et al.

Filing 155

ORDER to SHOW CAUSE, signed by Magistrate Judge Michael J. Seng on 9/12/16. 30-Day Deadline. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

BRYAN E. RANSOM,

12

Plaintiff,
ORDER TO SHOW CAUSE
v.

13
14
15

Case No. 1:11-cv-0068-AWI-MJS (PC)

THIRTY DAY DEADLINE
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

16
17
18

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

19 rights action brought pursuant to 28 U.S.C. § 1983. (ECF Nos. 1 & 12.) On March 21,
20 2016, Defendants filed a motion for summary judgment. (ECF No. 139.) To date,
21 Plaintiff has not opposed the motion or filed a statement of non-opposition.
22

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

23 opposition or to file a statement of no opposition may be deemed a waiver of any
24 opposition to the granting of the motion . . . .” On March 21, 2016, , Defendants advised
25 Plaintiff of the requirements for filing an opposition to the motion and that failure to
26 oppose such a motion may be deemed a waiver of opposition to the motion. (ECF No.
27 139-2.)
28

1
2
3
4
5
6
7
8

Furthermore, Local Rule 110 provides that failure to comply with the Local Rules
“may be grounds for imposition of any and all sanctions authorized by statute or Rule or
within the inherent power of the Court.”
Accordingly, IT IS HEREBY ORDERED that, within thirty days of the date of this
order, Plaintiff shall file an opposition, if any, to the motion for summary judgment.
Failure to file an opposition will be deemed as a statement of non-opposition and shall
result in a recommendation that this action be dismissed pursuant Federal Rule of Civil
Procedure 41(b).

9
10 IT IS SO ORDERED.
11
12

Dated:

September 12, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2