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