Myrick v. Ives et al

Filing 46

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/10/2013 ORDERING that, within thirty days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN MYRICK,

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Plaintiff,

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No. 2:10-cv-01085 KJM JFM (PC)

v.

ORDER

IVES, et al.,

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Defendants.

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On September 6, 2013, defendant filed a motion to dismiss pursuant to Federal Rule of

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Civil Procedure 12(b). ECF No. 43. Plaintiff has not opposed the motion.
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 February 21, 2013, plaintiff was advised of the requirements

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

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waiver of opposition to the motion. ECF No. 38.
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” In the order filed February 21, 2013, plaintiff was advised that failure to comply with

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the Local Rules may result in a recommendation that the action be dismissed.

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

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this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement

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of non-opposition. Failure to comply with this order will result in dismissal of this action

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pursuant Federal Rule of Civil Procedure 41(b).

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Dated: October 10, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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myri1085.46osc.jfm

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