Mester v. Dickinson et al
ORDER signed by Magistrate Judge Kendall J. Newman on 4/23/12 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to hav e the: (a) pending motion granted; (b) action dismissed for lack of prosecution; and (c) action dismissed based on plaintiffs failure to comply with these rules and a court order. Such failure shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Dillon, M)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
K. DICKINSON, et al.,
No. 2:09-cv-3307 KJM KJN P
On March 12, 2012, defendant Reed filed a motion to dismiss pursuant to Federal
Rule of Civil Procedure 12. Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
the granting of the motion . . . .” On October 28, 2010, plaintiff was advised of the requirements
for filing an opposition to a motion and that failure to oppose such a motion may be deemed a
waiver of opposition to the motion.
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
inherent power of the Court.” In the order filed October 28, 2010, plaintiff was also advised that
failure to comply with the Local Rules may result in a recommendation that the action be
Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
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.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the
date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file
an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action
dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply
with these rules and a court order. Such failure shall result in a recommendation that this action
be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
DATED: April 23, 2012
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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