Walker v. CA Dept of Corrections & Rehabilitation, et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 7/1/2015 ORDERING plaintiff to file, within 30 days, an opposition, if any, to the 60 motion for summary judgment. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 K. JAMEL WALKER, 12 13 14 15 16 No. 2:09-cv-0569 WBS KJN P Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. 17 18 19 20 On March 6, 2015 defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. (ECF No. 60.) Plaintiff has not opposed the motion. 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 September 14, 2012, plaintiff was advised of the 23 requirements for filing an opposition to the motion and that failure to oppose such a motion may 24 be deemed a waiver of opposition to the motion. (ECF No. 38.) In addition, defendants’ motion 25 for summary judgment includes the notice to plaintiff required under Rand v. Rowland, 154 F.3d 26 952 (9th Cir. 1998) (en banc). 27 28 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 inherent power of 1 1 the Court.” In the order filed September 14, 2012, plaintiff was advised that failure to comply 2 with the Local Rules may result in a recommendation that the action be dismissed. 3 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of 4 this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure 5 to file an opposition will be deemed as a statement of non-opposition and shall result in a 6 recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b). 7 Dated: July 1, 2015 8 9 10 /walk0569.46.osc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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