Jackson v. Cates, et al

Filing 45

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/11 ORDERING that, within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition. Failure to comply with this order will be deemed a waiver of any opposition to the granting of the motion.(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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MIDEL JACKSON,
Plaintiff,

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No. CIV S-10-2070 GEB EFB P

vs.
MATTHEW CATES, et al.,
Defendants.

ORDER
/

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

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U.S.C. § 1983. On July 27, 2011, defendants filed a motion to compel. Plaintiff has not filed an

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opposition or a statement of no opposition.

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In cases in which one party is incarcerated and proceeding without counsel, motions

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ordinarily are submitted on the record without oral argument. Local Rule 230(l). “Opposition, if

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any, to the granting of the motion shall be served and filed with the Clerk by the responding

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party not more than eighteen (18) days, plus three (3) days for mailing or electronic service, after

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the date of service of the motion.” Id. A responding party’s failure “to file written opposition or

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to file a statement of no opposition may be deemed a waiver of any opposition to the granting of

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the motion and may result in the imposition of sanctions.” Id. Furthermore, a party’s failure to

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comply with any order or with the Local Rules “may be grounds for imposition of any and all
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sanctions authorized by statute or Rule or within the inherent power of the Court.” Local Rule

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11-110.

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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plaintiff shall file either an opposition to the motion to compel or a statement of no opposition.

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Failure to comply with this order will be deemed a waiver of any opposition to the granting of

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the motion.

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DATED: September 13, 2011.

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