Dicey v. Harrison, W. R., et al.

Filing 72

ORDER signed by Magistrate Judge John F. Moulds on 6/20/11 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. (Dillon, 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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BERLAN LYNELL DICEY,

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Plaintiff,
vs.
W. R. HARRISON, et al.,
Defendants.

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No. 2:08-cv-2608 JAM JFM (PC)

ORDER
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On March 11, 2011, defendants filed a motion for summary judgment pursuant to

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Federal Rule of Civil Procedure 56. Despite receiving an extension of time to do so, plaintiff

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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 May 28, 2009, plaintiff was advised of the requirements for

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

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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 order filed May 28, 2009, plaintiff was advised
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that failure to comply with the Local Rules may result in a recommendation that the action be

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dismissed.

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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 dismissal of this

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

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DATED: June 20, 2011.

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