Harris v. High Desert State Prison et al

Filing 42

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/26/11 ORDERING that, within 30 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE EDWARD HARRIS,
Plaintiff,

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No. CIV S-10-1031 JAM EFB P

vs.

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HIGH DESERT STATE PRISON, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On April 15, 2011, defendant Sisson filed a motion to dismiss pursuant to

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Federal Rule of Civil Procedure 12(b)(6). Plaintiff has not opposed the motion.

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A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may recommend this

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action be dismissed with or without prejudice, as appropriate, if plaintiff disobeys an order or the

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Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1252 (9th Cir. 1992) (district court did not

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abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file
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an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856

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F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local

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rule regarding notice of change of address affirmed).

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On January 4, 2011, the court advised plaintiff of the requirements for filing an

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opposition to the motion, that failure to oppose such a motion may be deemed a waiver of

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opposition to the motion, and that failure to comply with the Local Rules may result in a

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recommendation of dismissal.

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Accordingly, it is hereby ORDERED that, within 30 days of the date of this order,

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plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition.

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Failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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DATED: May 26, 2011.

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