Solomon v. Felker et al

Filing 139

ORDER signed by Magistrate Judge Kendall J. Newman on 1/07/15 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VINCENT SOLOMON,

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Plaintiff,

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No. 2: 08-cv-2544 KJN P

v.
T. FELKER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. The parties consented to the jurisdiction of the undersigned.

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On September 19, 2014, defendants filed a motion for summary judgment. On October

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29, 2014, the court advised plaintiff of the requirements for opposing a motion pursuant to Rule

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56 of the Federal Rules of Civil Procedure. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.

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1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). On October

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29, 2014, the court granted plaintiff thirty days to file his opposition to defendants’ summary

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judgment motion.
On November 21, 2014, the court granted plaintiff a thirty days extension of time to file

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his opposition to defendants’ summary judgment motion. Thirty days passed and plaintiff did not

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file an opposition.

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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 . . . .”
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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

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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.

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Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date

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of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

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Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack

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of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

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and a court order. Such failure shall result in a dismissal of this action pursuant to Federal Rule

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of Civil Procedure 41(b).

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Dated: January 7, 2015

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Sol2544.osc

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