Mitchell v. Williams et al

Filing 25

ORDER signed by Magistrate Judge Dale A. Drozd on 1/9/2012 ORDERING that within 14 days, plaintiff shall fila a statement of non-opposition to defendants' 15 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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LACY MITCHELL,

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Plaintiff,

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vs.

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No. CIV S-10-1829 KJM DAD P

WILLIAMS, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. In his complaint plaintiff has also included two state law causes of action over

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which he seeks to invoke the court’s supplemental jurisdiction pursuant to 28 U.S.C. § 1367. On

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June 20, 2011, defendants filed a motion to dismiss plaintiff’s state law claims. Although

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plaintiff was granted two extensions of time by the court to file opposition to the motion to

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dismiss, he has not done so. See Doc. Nos. 21 and 24.

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By this order, the court will direct plaintiff to affirm his non-opposition to the

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defendants’ motion to dismiss his two state law claims by filing a statement of non-opposition

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with the court. Should plaintiff fail to comply with this order, the court will deem plaintiff’s

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failure to respond to this order as his non-opposition to the pending motion to dismiss in light of

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the extensions of time previously granted by the court for this purpose. Furthermore, if plaintiff
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fails to respond to this order as required, the court will consider recommending the dismissal of

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this entire action as a sanction for plaintiff’s continued failure to comply with the court’s orders

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and/or due to plaintiff’s failure to prosecute this action. See Local Rule 230(l) (“Failure of the

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responding party to file an opposition or to file a statement of no opposition may be deemed a

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waiver of any opposition to the granting of the motion and may result in the imposition of

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sanctions.”); see also Local Rule 110 (“Failure of counsel or of a party to comply with these

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Rules or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rules or within the inherent power of the Court.”).

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Accordingly, IT IS HEREBY ORDERED that:

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Within fourteen days from the date of service of this order, plaintiff shall file a

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statement of non-opposition to defendants’ June 20, 2011 motion to dismiss his two causes of

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action based on state law. Plaintiff’s failure to file a statement of non-opposition will be deemed

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a non-opposition to the defendants’ pending motion to dismiss and may result in further

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sanctions, including dismissal of this action, being imposed.

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DATED: January 9, 2012.

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DAD:4
mitc1829.nonoppo

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