Rodella v. Jackson et al

Filing 79

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/20/11 ordering that within 14 days of the date of this order, defendants shall file either an opposition to the motions appearing at docket no. 75 or a statement of no opposition. (Plummer, 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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VICTOR JOSEPH RODELLA,
Plaintiff,

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No. CIV S-09-0794 GEB EFB P

vs.

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TERRY JACKSON, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On June 10, 2011, plaintiff filed a motion to compel discovery. Dckt. No. 75.

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Defendants have not filed any opposition or statement of no opposition to these motions.

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In cases in which one party is incarcerated and proceeding without counsel, motions

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ordinarily are submitted on the record without oral argument. E.D. Cal. R. 78-230(l).

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“Opposition, if any, to the granting of the motion shall be served and filed by the responding

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party not more than twenty-one (21) days after the date of service of the motion.” Id. “A

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responding party who has no opposition to the granting of the motion shall serve and file a

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statement to that effect, specifically designating the motion in question. Failure of the

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responding party to file an opposition or to file a statement of no opposition may be deemed a

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waiver of any opposition to the granting of the motion and may result in the imposition of
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sanctions.” Id. Furthermore, a party’s failure to comply with any order or with the Local Rules

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“may be grounds for imposition of any and all sanctions authorized by statute or Rule or within

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the inherent power of the Court.” E.D. Cal. R. 11-110.

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Accordingly, it is hereby ORDERED that, within 14 days of the date of this order,

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defendants shall file either an opposition to the motions appearing at Docket No. 75 or a

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statement of no opposition. Failure to comply with this order may be deemed a waiver of any

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opposition to the granting of the motion and may further result in the imposition of sanctions.

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DATED: July 20, 2011.

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