Stephen v. Zhang et al

Filing 87

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/21/11 ORDERING that 71 Motion is DENIED as moot; Within 30 days of the date of this order, plaintiff shall file an opposition to the motion to dismiss or a statement of non-opposition. (Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

JIMMIE STEPHEN,
Plaintiff,

11
12

vs.

13

No. CIV-S-09-1516 MCE EFB (TEMP) P

F. ZHANG, et al.
Defendants.

14

ORDER
/

15
16

On January 4, 2011, defendants filed a motion to dismiss. Plaintiff has not opposed the

17

motion. Local Rule 230(c) requires a party to file an opposition or statement of non-opposition

18

in response to a motion. Failure to oppose a motion to dismiss may be deemed a failure by

19

plaintiff to prosecute his case and result in dismissal under Federal Rule of Civil Procedure

20

41(b). Therefore plaintiff will have a final opportunity in which to file an opposition.
Plaintiff has submitted a motion to disqualify the magistrate judge who was initially

21
22

assigned to this case. Because the magistrate judge has since been elevated to the position of

23

district judge, this case has been reassigned to a different magistrate judge. The motion to

24

disqualify is therefore moot.

25

////

26

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Within thirty days of the date of this order, plaintiff shall file an opposition to the

3

motion to dismiss or a statement of non-opposition. Failure to comply with this order will result

4

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

5

2. The motion to disqualify the previously-assigned magistrate judge (Docket No. 71) is

6

denied as moot.

7

DATED: April 21, 2011.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2