Allen v. Walker, et al

Filing 32

ORDER signed by Magistrate Judge John F. Moulds on 1/31/12 ORDERING that within thirty days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion for summary judgment or a statement of non-opposition. Failure to comply with this order will result in a recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b). (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY ALLEN, 11 Plaintiff, 12 13 vs. JAMES WALKER, et al., 14 Defendants. 15 ORDER / 16 17 No. 2:10-cv-3032 GEB JFM (PC) On December 22, 2011, defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff has not opposed the motion. 18 Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” On February 15, 2011, plaintiff was advised of the requirements 21 for filing an opposition to the motion and that failure to oppose such a motion may be deemed a 22 waiver of opposition to the motion. 23 Local Rule 110 provides that failure to comply with the Local Rules “may be 24 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 25 inherent power of the Court.” In the order filed February 15, 2011, plaintiff was advised that 26 ///// 1 1 failure to comply with the Local Rules may result in a recommendation that the action be 2 dismissed. 3 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the 4 date of this order, plaintiff shall file an opposition, if any he has, to the motion for summary 5 judgment or a statement of non-opposition. Failure to comply with this order will result in a 6 recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b). 7 DATED: January 31, 2012. 8 9 10 11 12 12 alle3032.46osc 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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