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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY ALLEN,

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Plaintiff,

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vs.
JAMES WALKER, et al.,

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Defendants.

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ORDER
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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.

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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 February 15, 2011, 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 February 15, 2011, plaintiff was advised that

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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 he has, to the motion for summary

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judgment or a statement of non-opposition. Failure to comply with this order will result in a

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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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DATED: January 31, 2012.

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