Jones v. David, et al

Filing 82

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/11/13 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (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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MALIK JONES,

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Plaintiff,

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vs.

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No. 2:09-cv-3174 MCE CKD P

A. DAVID, et al.,

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Defendants.

ORDER
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On November 30, 2012, defendants filed a motion for summary judgment

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pursuant to Federal Rule of Civil Procedure 56. (Dkt. No. 76.) On January 25, 2013, plaintiff

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was granted a thirty-day extension of time to file and serve an opposition to the motion. (Dkt.

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No. 80.) That period has expired, and 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 19, 2012, plaintiff was advised of the

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requirements for filing an opposition to the motion and that failure to oppose such a motion may

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be deemed a waiver of opposition to the motion. (Dkt. No. 78.) Local Rule 110 provides that

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failure to comply with the Local Rules “may be grounds for imposition of any and all sanctions

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authorized by statute or Rule or within the inherent power of the Court.”
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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

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date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

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Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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Dated: March 11, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jone3174.46.osc

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