Armstead v. Virga et al

Filing 82

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/20/2013 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections due within 14 days. (Yin, K)

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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,

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

v.

FINDINGS & RECOMMENDATIONS

TIM V. VIRGA, et al.,

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Defendants.

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On July 12, 2013, defendants Virga and Mini filed a motion for judgment on the pleadings

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pursuant to Federal Rule of Civil Procedure 12(c). Plaintiff did not oppose 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 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 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 September 22, 2011, plaintiff was advised the failure to comply

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

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On August 16, 2013, the court granted plaintiff twenty-one days to file an opposition to

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defendants’ motion for judgment on the pleadings. Plaintiff was advised that failure to file an

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opposition would be deemed as a statement of non-opposition and would result in a

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

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Twenty-one days passed and plaintiff did not file an opposition or otherwise respond to the

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August 16, 2013 order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: September 20, 2013

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arm1054.dis

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