Thompson v. Swarthout

Filing 17

ORDER signed by Magistrate Judge Dale A. Drozd on 12/14/2011 ORDERING that, within 30 days, plaintiff shall file an opposition, if any, to defendant's 16 motion to dismiss. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN WILLIAM THOMPSON,

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Plaintiff,

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vs.
GARY SWARTHOUT,

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Defendant.

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ORDER
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No. CIV S-11-0780 GEB DAD P

On November 2, 2011, defendant Swarthout filed a motion to dismiss pursuant to
Rule 12(b)(6) of the Federal Rules of Civil Procedure. Plaintiff has not opposed the motion.1

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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 August 24, 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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/////

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If plaintiff no longer wishes to proceed with this matter, he should file a request to
dismiss this action without prejudice pursuant to Rule 41(a) of the Federal Rules of Civil
Procedure.
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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 August 24, 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, to defendant’s motion to dismiss.

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Failure to file an opposition will be deemed as a statement of non-opposition and shall 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: December 14, 2011.

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DAD:9
thom0780.46

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