Gibson v. Hawkins et al

Filing 41

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/12/11 ORDERING that dft Kelso is DISMISSED from this action without prejudice. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRY GIBSON,
Plaintiff,

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vs.

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No. CIV S-10-2404 EFB P

HAWKINS, et al.,

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Defendants.

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

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U.S.C. § 1983. This case is before the undersigned pursuant to the parties’ consent. See 28

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U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2).

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On January 6, 2011, defendant Kelso filed a motion to dismiss. On May 17, 2011, the

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court ordered plaintiff to file an opposition or a statement of no opposition to defendant’s motion

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to dismiss within 30 days, and explained that failure to do so would constitute grounds for

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dismissal. See L. R. 230(l) (“A responding party’s failure ‘to file written opposition or to file a

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

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motion and may result in the imposition of sanctions.’”), L. R. 110 (“Failure to comply with any

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order or with the Local Rules ‘may be grounds for imposition of any and all sanctions authorized

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by statute or Rule or within the inherent power of the Court.’”). Plaintiff has not filed an
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opposition or statement of no opposition.
Accordingly, it is hereby ORDERED that defendant Kelso is dismissed from this action

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without prejudice.

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Dated: July 12, 2011.

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