Dawson v. Commissioner of the Department of Corrections and Rehabilitation et al

Filing 32

ORDER REQUIRING Plaintiff to FILE Opposition or Statement of Non-Opposition to Defendants' Motion to Dismiss, within Twenty-One Days signed by Magistrate Judge Gary S. Austin on 4/13/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC DA’BOUR DAWSON, 12 13 14 15 Plaintiff, vs. CDCR, et al., Defendants. 16 1:15-cv-01867-DAD-GSA-PC ORDER REQUIRING PLAINTIFF TO FILE OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS’ MOTION TO DISMISS, WITHIN TWENTY-ONE DAYS (ECF No. 27.) TWENTY-ONE DAY DEADLINE 17 18 On December 14, 2016, Defendants filed a motion to dismiss this case. (ECF No. 27.) 19 Plaintiff Isaac Da’bour Dawson (“Plaintiff”) was required to file an opposition or a statement of 20 non-opposition to the motion within twenty-one days, but has not done so. Local Rule 230(l). 21 Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver 22 of any opposition to the granting of the motion..." The court may deem any failure to oppose 23 Defendants’ motion for terminating sanctions as a waiver, and recommend that the motion be 24 granted on that basis. 25 Failure to follow a district court’s local rules is a proper ground for dismissal. U.S. v. 26 Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for the 27 plaintiff's failure to oppose a motion to dismiss, where the applicable local rule determines that 28 failure to oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 1 1 F.3d 52 (9th Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where 2 plaintiff contends he did not receive motion to dismiss, where plaintiff had adequate notice, 3 pursuant to Fed. R. Civ. P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44 F.3d 722, 4 725 (9th Cir. 1995); Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993) 5 (motion for summary judgment cannot be granted simply as a sanction for a local rules 6 violation, without an appropriate exercise of discretion). The court may also dismiss this case 7 for Plaintiff’s failure to comply with the court’s order. See Local Rule 110; Pagtalunan v. 8 Galaza, 291 F.3d 639, 642 (9th Cir. 2002) 9 10 Accordingly, IT IS HEREBY ORDERED that: 1. Within twenty-one days of the date of service of this order, Plaintiff shall file 11 an opposition or statement of non-opposition to the motion to dismiss filed by 12 Defendants Guzman, Gonzales, Marsh, and Johnson on December 14, 2016; and 13 2. 14 Plaintiff’s failure to comply with this order may result in the dismissal of this action. 15 16 17 18 IT IS SO ORDERED. Dated: April 13, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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