Hughes v. California Department of Corrections and Rehabilitation et al

Filing 47

ORDER signed by Magistrate Judge Dale A. Drozd on 10/30/13 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition to that motion.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERNARD C. HUGHES,

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Plaintiff,

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No. 2:11-cv-00530 GEB DAD P

v.

ORDER

STATE OF CALIFORNIA DEPART OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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On September 17, 2013, defendants Street, Fong and Awatani filed a motion to dismiss

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plaintiff’s complaint pursuant to Federal Rule of Civil Procedure 12(b). Plaintiff has not opposed

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the 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 July 11, 2013, plaintiff was advised of the requirements for

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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.
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” In the order filed July 11, 2013, plaintiff was advised that his failure to comply with

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the Local Rules may result in a recommendation that the action be dismissed.

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

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this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement

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of non-opposition to that motion. Failure to comply with this order will result in the dismissal of

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this action pursuant Federal Rule of Civil Procedure 41(b).

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Dated: October 30, 2013

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DAD:4
hugh530.46osc

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