Cottrell v. Cook et al

Filing 70

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/24/11 ordering that within 30 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL M. COTTRELL,
Plaintiff,

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No. CIV S-07-2574 GEB EFB P

vs.
R.K. WONG, et al.,
Defendants.

ORDER
/

On April 5, 2011, defendant filed a motion for terminating sanctions pursuant to Fed. R.
Civ. P. 37(a)(3)(B). Plaintiff has not opposed the motion.
A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may recommend this

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action be dismissed with or without prejudice, as appropriate, if plaintiff disobeys an order or the

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Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1252 (9th Cir. 1992) (district court did not

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abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file

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an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856
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F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local

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rule regarding notice of change of address affirmed);

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Plaintiff is advised that failure to oppose such a motion may be deemed a waiver of

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opposition to the motion, and that failure to comply with the Local Rules may result in a

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recommendation of dismissal.

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Accordingly, it is hereby ORDERED that, within 30 days of the date of this order,

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plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition.

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Failure to comply with this order will result in this action being dismissed without prejudice.

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DATED: May 24, 2011.

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