Gaines v. Sherman et al

Filing 59

ORDER to File Opposition, signed by Magistrate Judge Jennifer L. Thurston on 4/2/19. Thirty Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LESLIE JAMES GAINES, JR.,

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No. 1:15-cv-1533 LJO JLT P

Plaintiff,

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v.

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ORDER TO FILE OPPOSITION

BEASLEY, et al.,

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THIRTY-DAY DEADLINE

Defendants.

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On January 2, 2019, defendant Curtiss filed a motion for summary judgment pursuant to
Federal Rule of Civil Procedure 56(f). Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part that “[f]ailure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . .” With his motion for summary judgment and pursuant to Rand v.

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Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc), defendant filed a notice that also

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advised plaintiff of the requirements for filing an opposition to the motion and that failure to

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oppose such a motion may be deemed a waiver of opposition to the motion. (Doc. 58-1.)

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Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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

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the Court.” In the “First Informational Order in Prisoner / Civil Detainee Civil Rights Cases,”

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filed on October 9, 2015 (Doc. 3), plaintiff was advised that failure to comply with the Local

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Rules may result in a recommendation that the action be dismissed.

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Based on the foregoing, the Court ORDERS that within thirty days of the date of this

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order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure to file

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an opposition will be deemed as a statement of non-opposition and shall result in a

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

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IT IS SO ORDERED.
Dated:

April 2, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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