Barron v. Martel et al

Filing 34

ORDER signed by Magistrate Judge Dale A. Drozd on 4/17/13 ORDERING that within 14 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion to dismiss. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONNIE E. BARRON,

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Plaintiff,

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No. 2:10-cv-1567 WBS DAD P

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

ORDER
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On December 10, 2012, counsel for defendants Martinez and Todd filed a motion

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to dismiss this action, pursuant to unenumerated Rule 12(b) of the Federal Rules of Civil

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Procedure, arguing that plaintiff had failed to exhaust his administrative remedies prior to filing

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suit as required. On January 23, 2012, the court granted plaintiff a sixty-day extension of time to

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file an opposition to the motion. That time has expired, and plaintiff has not filed any opposition

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to the pending motion to dismiss.

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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 September 13, 2012, plaintiff was advised by the court of

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the requirements for filing an opposition to the motion and that failure to oppose such a motion

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may be deemed a waiver of opposition to the motion.
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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 court’s order filed September 13, 2012, plaintiff was

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

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action be dismissed.

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

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the date of this order, plaintiff shall file an opposition, if any, to defendants’ motion to dismiss.

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Failure to file an opposition may be deemed as a statement of non-opposition and may result in a

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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Alternatively, if plaintiff no longer wishes to proceed with this action, he may file a motion to

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voluntarily dismiss this case.

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DATED: April 17, 2013.

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DAD:9
barr1567.46

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