Diaz v. Martel et al

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 6/20/2012 ORDERING that, within 30 days, plaintiff shall file an opposition, if any, to the 22 motion to dismiss. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDOLPH M. DIAZ,

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Plaintiff,

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No. 2:10-cv-1388 MCE KJN P

vs.
M. MARTEL, et al.,
Defendants.

ORDER
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On April 22, 2012, defendants filed a motion to dismiss pursuant to Federal Rule
of Civil Procedure 12. (Dkt. No. 22.) 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 January 27, 2012, plaintiff was advised of the requirements

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

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waiver of opposition to the motion. (Dkt. No. 18.)

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

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

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inherent power of the Court.” In the order filed January 27, 2012, plaintiff was also advised that

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

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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.

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Id.
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

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an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action

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dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply

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with these rules and a court order. Said failure shall result in a recommendation that this action

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be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: June 20, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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diaz1388.nooppo.kjn

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