Graham v. Jaffe et al

Filing 50

ORDER signed by Magistrate Judge Kendall J. Newman on 07/26/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiff's failure to comply with these rules and a court order. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ANTHONY GRAHAM,

11
12
13
14

Plaintiff,
vs.
DR. M. JAFFEE, et al.,
Defendants.

15
16

No. 2:08-cv-2533 GEB KJN P

ORDER
/

On June 21, 2011, defendants Jubb, Whitted and Wiggins filed a motion to

17

dismiss pursuant to Federal Rule of Civil Procedure 12(b) and 12(b)(6). Defendant Wiggins also

18

moves to dismiss the claims against her based on plaintiff’s alleged failure to exhaust his

19

administrative remedies. Plaintiff has not opposed the motion.

20

Local Rule 230(l) provides in part: “Failure of the responding party to file written

21

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

22

the granting of the motion . . . .” On March 22, 2011, plaintiff was advised of the requirements

23

for filing an opposition to a motion and that failure to oppose such a motion may be deemed a

24

waiver of opposition to the motion.

25
26

Local Rule 110 provides that failure to comply with the Local Rules “may be
grounds for imposition of any and all sanctions authorized by statute or Rule or within the
1

1

inherent power of the Court.” In the order filed March 22, 2011, plaintiff was also advised that

2

failure to comply with the Local Rules may result in a recommendation that the action be

3

dismissed.

4

Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

5

Involuntary Dismissal; Effect. If the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may
move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision
(b) and any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.

6
7
8
9

Id.

10

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

11

date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file

12

an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action

13

dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply

14

with these rules and a court order. Such failure shall result in a recommendation that this action

15

be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

16

DATED: July 26, 2011

17
18

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

19
20

grah2533.noop

21
22
23
24
25
26
2