Ahmed v. San Joaquin Regional Rail Commission

Filing 35

ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 01/04/12 ORDERING that the hearing on defendant's 34 Motion to Dismiss is CONTINUED to 02/22/12 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. B rennan. Plaintiff shall SHOW CAUSE, in writing, by 02/08/12 why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiff shall file an opposition to the motion, or a s tatement of non-opposition thereto, by 02/08/12. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition to the pending motion, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this court's Local Rules. Defendant may file a reply to plaintiff's opposition, if any, by 02/15/12. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IQTADAR AHMED,
Plaintiff,

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No. CIV S-10-3069 GEB EFB PS

vs.
SAN JOAQUIN REGIONAL
RAIL COMMISSION,
ORDER AND
ORDER TO SHOW CAUSE

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Defendant.
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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On December

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6, 2011, defendant moved to dismiss plaintiff’s second amended complaint, and noticed the

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motion to be heard on January 11, 2012. Dckt. No. 34.

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Court records reflect that plaintiff has filed neither an opposition nor a statement of

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non-opposition to defendant’s motion. Local Rule 230(c) provides that opposition to the

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granting of a motion, or a statement of non-opposition thereto, must be served upon the moving

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party, and filed with this court, no later than fourteen days preceding the noticed hearing date or,

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in this instance, by December 28, 2011. Local Rule 230(c) further provides that “[n]o party will

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be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has

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not been timely filed by that party.”
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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal,

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judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing on defendant’s motion to dismiss, Dckt. No. 34, is continued to February

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22, 2012.
2. Plaintiff shall show cause, in writing, no later than February 8, 2012 why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motion.
3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition

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thereto, no later than February 8, 2012.

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4. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition

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to the pending motion, and may result in a recommendation that this action be dismissed for lack

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of prosecution and/or for failure to comply with court orders and this court’s Local Rules. See

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Fed. R. Civ. P. 41(b).

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5. Defendant may file a reply to plaintiff’s opposition, if any, on or before February 15,
2012.

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SO ORDERED.

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Dated: January 4, 2012.

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