Cornish v. Sacramento Police Department

Filing 27

ORDER signed by Magistrate Judge Dale A. Drozd on 4/16/12 ORDERING that within thirty days of the date of this order, plaintiff shall file an opposition to the motion for summary judgment and shall show cause in writing why sanctions should not be imposed for the failure to file a timely 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

AMMIEL CORNISH,

11
12
13

Plaintiff,

No. CIV S-10-0230 DAD P

vs.
OFFICER HARSHBARGER,

14

Defendant.

15

ORDER
/

16

On March 7, 2012, defendant Harshbarger filed a motion for summary judgment

17

pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has not opposed the

18

motion.

19

Local Rule 230(l) provides in part: “Failure of the responding party to file an

20

opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

21

the granting of the motion and may result in the imposition of sanctions.” On June 6, 2011,

22

plaintiff was advised of the requirements for filing an opposition to the motion and that failure to

23

oppose such a motion may be deemed a waiver of opposition to the motion.

24

Local Rule 110 provides that failure to comply with the Local Rules “may be

25

grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

26

within the inherent power of the Court.” In the order filed June 6, 2011, plaintiff was advised
1

1

that failure to comply with the Local Rules may result in a recommendation that the action be

2

dismissed.

3

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

4

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

5

show cause in writing why sanctions should not be imposed for the failure to file a timely

6

opposition. In the alternative, if plaintiff no longer wishes to proceed with this matter, he shall

7

file a request to dismiss this action without prejudice pursuant to Rule 41(a) of the Federal Rules

8

of Civil Procedure. Failure to respond to this order may result in a recommendation that this

9

action be dismissed.

10

DATED: April 16, 2012.

11
12
13

DAD:4
corn0230.noopp

14
15
16
17
18
19
20
21
22
23
24
25
26
2