Robinson v. Lor et al
Filing
29
ORDER signed by Magistrate Judge Edmund F. Brennan on 02/01/12 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of non-oppposition. (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
MARCUS ROBINSON,
11
Plaintiff,
No. CIV S-09-3036 KJM EFB P
Defendants.
ORDER
12
13
14
vs.
LOR, et al.,
/
15
16
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
17
U.S.C. § 1983. On December 16, 2011, defendants Lor and Sandoval filed a motion for
18
summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has not
19
opposed the motion.
20
A responding party’s failure “to file written opposition or to file a statement of no
21
opposition may be deemed a waiver of any opposition to the granting of the motion and may
22
result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the
23
Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or
24
Rule or within the inherent power of the Court.” L. R. 110. The court may recommend this
25
action be dismissed with or without prejudice, as appropriate, if plaintiff disobeys an order or the
26
Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1252 (9th Cir. 1992) (district court did not
1
1
abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file
2
an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856
3
F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local
4
rule regarding notice of change of address affirmed);
5
On February 8, 2011, the court advised plaintiff of the requirements for filing an
6
opposition to the motion, that failure to oppose such a motion may be deemed a waiver of
7
opposition to the motion, and that failure to comply with the Local Rules may result in a
8
recommendation of dismissal.
9
Accordingly, it is hereby ORDERED that, within twenty-one days of the date of this
10
order, plaintiff shall file either an opposition to the motion for summary judgment or a statement
11
of non-opposition. Failure to comply with this order will result in a recommendation that this
12
action be dismissed without prejudice.
13
DATED: February 1, 2012.
14
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?