Ahdom v. Etchebehere et al

Filing 31

ORDER/NOTICE RE: Motion to Dismiss, signed by District Judge Ralph R. Beistline on 4/28/16. (Hellings, J)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BILAL AHDOM,
Case No. 1:13-cv-01623-RRB
Plaintiff,
NOTICE RE: MOTION TO DISMISS
vs.
C. ETCHEBEHERE, et al.,
Defendants.

Plaintiff is proceeding pro se in this civil action. Defendant filed a motion to dismiss
under Federal Rule of Civil Procedure 12(b).1 The Court hereby notifies Plaintiff of the
following rights and requirements for opposing the motion:2
1. Unless otherwise ordered, all motions to dismiss must be briefed in accordance
with Local Rule 230(l).
2. Plaintiff is required to file an opposition or a statement of non-opposition to
Defendants’ motion to dismiss.3 If Plaintiff fails to file an opposition or a statement of
nonopposition to the motion, this action may be dismissed, with prejudice, for failure to
prosecute. Unless the time is extended by order of the Court, the opposition or statement

1

Docket 29.

2

See Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Wyatt v. Terhune, 315 F.3d
1108 (9th Cir. 2003).
3

Local Rule 230(l).

ORDER RE: MOTION TO DISMISS
Ahdom v. Lopez, 1:13-cv-01623-RRB – 1

of non-opposition must be filed not more than 21 days after the date of service of the
motion.4
3. Defendant has filed a motion to dismiss on the grounds that Defendant is not a
proper party and that Plaintiff fails to allege that Defendant intentionally burdened Plaintiff’s
religious beliefs in violation of the Free Exercise Clause of the First Amendment.
4. The failure of any party to comply with this order, the Federal Rules of Civil
Procedure, or the Local Rules of the Eastern District of California may result in the
imposition of sanctions including but not limited to dismissal of the action or entry of
default.
IT IS SO ORDERED this 28th day of April, 2016.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

4

Id. If served by mail, the time to respond is increased by three (3) days from the
date the motion is mailed. Fed. R. Civ. P. 6(d).
ORDER RE: MOTION TO DISMISS
Ahdom v. Lopez, 1:13-cv-01623-RRB – 2