Armstead v. Virga et al

Filing 31

ORDER signed by Magistrate Judge Kendall J. Newman on 12/07/11 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendants' motion to dismiss. (Plummer, 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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JAMES ARMSTEAD,

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Plaintiff,

No. 2: 11-cv-1054 JAM KJN P

vs.
TIM V. VIRGA, et al.,
Defendants.

ORDER
/

On November 3, 2011, defendants filed a motion to dismiss pursuant to Federal
Rule of Civil Procedure 12(b)(6). Plaintiff has not opposed 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 September 22, 2011, plaintiff was advised of the

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requirements for filing an opposition to a motion and that failure to oppose such a motion may be

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deemed a 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 September 22, 2011, plaintiff was also advised

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that 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 defendants’ 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 7, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arm1054.46

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