Risher v. Libby, et al.

Filing 34

ORDER Requiring Plaintiff to File Opposition or Statement of Non-Opposition to Defendants' Motion to Dismiss 25 within Thirty Days,signed by Magistrate Judge Erica P. Grosjean on 10/19/2017. (Case Management Deadline: 30-Day Deadline) (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD RISHER,

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v.

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Case No. 1:17-cv-00087-EPG (PC)
Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANTS’
MOTION TO DISMISS (ECF NO. 25)
WITHIN THIRTY DAYS

DR. EBINOSA, et al.,
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Defendants.
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Richard Risher ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983.

On September 18, 2017,

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defendants Igbinosa,1 Jacques, Rasheed, and Trevino filed a partial motion to dismiss. (ECF No.

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25). Plaintiff was required to file an opposition or a statement of non-opposition to the motion

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within twenty-one days (Local Rule 230(l)), but did not do so.

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Local Rule 230(l) provides that the failure to oppose a motion “may be deemed a waiver

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of any opposition to the granting of the motion and may result in the imposition of sanctions.”

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However, the Court will give Plaintiff an additional thirty days to file an opposition or statement

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of non-opposition to the motion to dismiss. The Court will deem failure to oppose the motion to

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dismiss as a waiver of any opposition, and may grant the motion (or recommend that the motion

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be granted) on that basis.

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Plaintiff’s complaint refers to Igbinosa as Ebinosa.
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Failure to follow a district court’s local rules is a proper ground for dismissal. U.S. v.

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Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a Court may dismiss an action for a plaintiff’s

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failure to oppose a motion to dismiss, where the applicable local rule determines that failure to

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oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 F.3d 52 (9th

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Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where plaintiff contends he

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did not receive motion to dismiss, where plaintiff had adequate notice, pursuant to Fed. R. Civ. P.

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5(b), and time to file opposition); cf. Heinemann v. Satterberg, 731 F.3d 914, 916 (9th Cir. 2013)

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(holding that a motion for summary judgment cannot be granted based on a failure to file

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opposition, regardless of any local rule to the contrary).

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1. Within thirty days from the date of service of this order, Plaintiff shall file an

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opposition or statement of non-opposition to the partial motion to dismiss filed by

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Igbinosa, Jacques, Rasheed, and Trevino; and

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2. If Plaintiff fails to comply with this order, the Court will deem the failure to

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respond as a waiver of any opposition and may grant the motion (or recommend

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that the motion be granted) on that basis. Additionally, the Court may dismiss this

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case (or recommend that this case be dismissed) for failure to prosecute and failure

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to comply with a court order.

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IT IS SO ORDERED.
Dated:

October 19, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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