Grimes v. Folsom State Prisons Psychiatric Services Units et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 5/31/2013 ORDERING that, within 30 days, plaintiff shall file an opposition, if any, to the motions to dismiss and to revoke his IFP 58 , 59 . (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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RANDALL W. GRIMES,
Plaintiff,

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vs.

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No. 2:10-cv-2346 JFM (PC)

FOLSOM STATE PRISONS
PSYCHIATRIC SERVICES
UNITS MEDICAL STAFF, DR.
M. BOBBALLA, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil

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rights action pursuant to 42 U.S.C. § 1983. On April 25, 2013, defendants filed a motion to

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dismiss pursuant to the unenumerated provisions of Federal Rule of Civil Procedure 12(b) and a

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motion to revoke plaintiff’s in forma pauperis status. Plaintiff has not opposed either 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 23, 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.

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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 23, 2013, plaintiff was advised

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

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date of this order, plaintiff shall file an opposition, if any, to the motions to dismiss and to revoke

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his in forma pauperis status. Failure to file an opposition will be deemed as a statement of non-

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opposition and shall result in a recommendation that this action be dismissed pursuant Federal

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Rule of Civil Procedure 41(b).

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DATED: May 31, 2013

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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grim2346.46osc

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