Burgess v. Raya, et al.

Filing 38

SECOND INFORMATIONAL ORDER - NOTICE AND WARNING OF REQUIREMENTS for opposing 35 MOTION to DISMISS signed by Magistrate Judge Jennifer L. Thurston on 1/23/2014. (Filing Deadline: 2/18/2014). (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DWAYNE L. BURGESS,

Case No. 1:11-cv-00921-LJO-JLT

Plaintiff,

SECOND INFORMATIONAL ORDER - NOTICE
AND WARNING OF REQUIREMENTS FOR
OPPOSING DEFENDANTS' MOTION TO
DISMISS

Defendants.

12

(Doc. 35)

v.
13
RAYA, et al
14
15

21-DAY DEADLINE
16
17

Plaintiff is proceeding pro se in this civil action. Defendants filed a motion to dismiss on

18

December 20, 2013. Pursuant to Woods v. Carey, 684 F.3d 934 (9th Cir. 2012) and Wyatt v.

19

Terhune, 315 F.3d 1108 (9th Cir. 2003), the Court hereby notifies Plaintiff of the following rights

20

and requirements for opposing the motion:

21
22
23

1. Unless otherwise ordered, all motions to dismiss shall be briefed pursuant to Local
Rule 230(l).
2. Plaintiff is required to file an opposition or a statement of non-opposition to

24

Defendants' motion to dismiss. Local Rule 230(l). If Plaintiff fails to file an opposition or a

25

statement of non-opposition to the motion, this action may be dismissed, with prejudice, for

26

failure to prosecute. Local Rule requires the opposition, or statement of non-opposition be filed

27

not more than 21 days after the date of service of the motion. Id. However, since this time frame

28

has already lapsed, Plaintiff is granted 21 days from the service of this order to file his opposition

1

1

or statement of non-opposition.

2

3. If responding to Defendants' 12(b) motion to dismiss, Plaintiff may not simply rely on

3

allegations in the complaint. Instead, Plaintiff must oppose the motion by setting forth specific

4

facts in declaration(s) and/or by submitting other evidence. See Fed. R. Civ. P. 43(c); Ritza, 837

5

F.2d at 369. If Plaintiff does not submit his own evidence in opposition, the Court may conclude

6

that Plaintiff has no evidence to oppose the motion and the case will be dismissed in whole or in

7

part.

8
9
10

4. Unsigned declarations will be stricken, and declarations not signed under penalty of
perjury have no evidentiary value.
5. The failure of any party to comply with this order, the Federal Rules of Civil

11

Procedure, or the Local Rules of the Eastern District of California may result in the imposition of

12

sanctions including but not limited to dismissal of the action or entry of default.

13
14
15
16

IT IS SO ORDERED.
Dated:

January 23, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2