Scott v. McDonald

Filing 126

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/04/13 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition. Plaintiff's request for a settlement conference 125 is denied without prejudice. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD SCOTT,

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Plaintiff,

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No. 2:09-cv-0851-MCE-EFB P

v.

ORDER

M. McDONALD, et al.,

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Defendants.

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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 October 24, 2013, defendants moved to compel plaintiff’s responses to their

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requests for production and moved for sanctions. ECF No. 124. In violation of the court’s rules,

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plaintiff has not filed an opposition or a statement of no opposition to the motion to compel.1

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Local Rule 230(l).
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. Id. “Opposition, if any, to the

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granting of the motion shall be served and filed with the Clerk by the responding party not more

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than eighteen (18) days, plus three (3) days for mailing or electronic service, after the date of

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service of the motion.” Id. A responding party’s failure “to file written opposition or to file a

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He did, however, request the court schedule a settlement conference. ECF No. 125. That
request is denied without prejudice.
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statement of no opposition may be deemed a waiver of any opposition to the granting of the

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motion and may result in the imposition of sanctions.” Id. Furthermore, a party’s failure to

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comply with any order or with the Local Rules “may be grounds for imposition of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” Local Rule

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110. The court may recommend that an action be dismissed with or without prejudice, as

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appropriate, if a party disobeys an order or the Local Rules. See Ferdik v. Bonzelet, 963 F.2d

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1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in dismissing pro se plaintiff’s

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complaint for failing to obey an order to re-file an amended complaint to comply with Federal

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Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for

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pro se plaintiff’s failure to comply with local rule regarding notice of change of address

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affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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plaintiff shall file either an opposition to the motion to compel or a statement of no opposition.

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Failure to comply with this order may result in dismissal of this action without prejudice. IT IS

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FURTHER ORDERED that plaintiff’s request for a settlement conference (ECF No. 125) is

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denied without prejudice.

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DATED: December 4, 2013.

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