Gant v. Bosenko et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/11 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. The 11/3/11 hearing is VACATED.(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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TONY AUSTIN GANT,
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Plaintiff,
vs.
TOM BOSENKO, et al.,
ORDER VACATING
Defendants.
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No. 2:09-cv-2439 KJN P
NOVEMBER 3, 2011 HEARING
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Plaintiff is a former state prisoner proceeding without counsel. On September 30,
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2011, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil
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Procedure 56, and noticed the motion for hearing on November 3, 2011, before the undersigned.
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Plaintiff 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 December 7, 2010, plaintiff was advised of the requirements
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for filing an opposition to a 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
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 December 7, 2010, plaintiff was also 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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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may
move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision
(b) and any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.
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Id.
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Good cause appearing, IT IS HEREBY ORDERED that:
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1. Within thirty days of the date of this order, plaintiff shall file an opposition, if
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any, to the motion for summary judgment. Failure to file an opposition will be deemed as
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consent to have the: (a) pending motion granted; (b) action dismissed for lack of prosecution;
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and (c) action dismissed based on plaintiff’s failure to comply with these rules and a court order.
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Said failure shall result in a recommendation that this action be dismissed pursuant to Federal
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Rule of Civil Procedure 41(b).
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2. The November 3, 2011 hearing is vacated.
DATED: October 27, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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