Solomon v. Felker et al

Filing 104

ORDER signed by Magistrate Judge John F. Moulds on 12/6/2012 ORDERING that, within 30 days, plaintiff shall file an opposition, if any he has, to the 101 motion to dismiss or a statement of non-opposition. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT J. SOLOMON,

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Plaintiff,

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No. 2:08-cv-2544 JFM P

vs.
LIEUTENANT SCHIRMER, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. This action is proceeding before a United States Magistrate Judge with the

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consent of the parties pursuant to 28 U.S.C. § 636(c). See Order filed February 3, 20120.

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On November 3, 2012, defendants filed a motion to dismiss pursuant to Federal
Rule of Civil Procedure 12(b)(6). Plaintiff has not opposed the motion.

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

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

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the granting of the motion . . . .” On August 6, 2010 and January 21, 2011, plaintiff was advised

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of the requirements for filing an opposition to the motion and that failure to oppose such a

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motion may be deemed a waiver of opposition to the motion.

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Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.” In the orders filed August 6, 2010 and January 21, 2011, plaintiff

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was advised that failure to comply with the Local Rules may result in the dismissal of this action.

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

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date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a

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statement of non-opposition. Failure to comply with this order will result in a recommendation

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to dismiss this action pursuant Federal Rule of Civil Procedure 41(b).

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DATED: December 6, 2012.

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solo2544.46osc

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