Myers v. Hunt & Heriques et al

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/3/12 ORDERING that the hearing date of 1/11/12 is VACATED. Hearing on Defendants' MOTION 8 is CONTINUED to 2/8/2012 at 10:00 AM in Courtroom 26 (CKD) before Magistrate Judge Carolyn K. D elaney. Plaintiff is directed to file opposition to the Motion, or a statement of non-opposition thereto, no later than 1/25/12. Failure to file opposition and appear at hearing, or to file a statement of non-opposition, will be deemed a statement of non-opposition, and shall result in a recommendation that this action be dismissed. Reply shall be filed no later than 2/1/12. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID MYERS,

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Plaintiff,

CIV. NO. S-11-2347 JAM CKD PS

vs.
HUNT & HERIQUES, et al.

ORDER

Defendants.
/
Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to

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Local Rule 302(c)(21). Defendants’ motion to dismiss is presently noticed for hearing on the

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January 11, 2012 law and motion calendar of the undersigned. Opposition to a motion, or a

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statement of non-opposition thereto, must be filed fourteen days preceding the noticed hearing

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date. E.D. Cal. L. R. 230(c). Court records reflect that plaintiff failed to timely file opposition or

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a statement of non-opposition to the motion.

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Failure to comply with the Local Rules “may be grounds for imposition by the

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

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Court.” E.D. Cal. L. R. 11-110; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

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Additionally, “[n]o party will be entitled to be heard in opposition to a motion at oral arguments

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if written opposition to the motion has not been timely filed.” E.D. Cal. L. R. 230(c). Pro se

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litigants are bound by the rules of procedure, even though pleadings are liberally construed in

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their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Jacobsen v. Filler, 790 F.2d 1362,
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1364-65 (9th Cir. 1986). The Local Rules specifically provide that cases of persons appearing in

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propria persona who fail to comply with the Federal and Local Rules are subject to dismissal,

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judgment by default, and other appropriate sanctions. E.D. Cal. L. R. 183.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of January 11, 2012 is vacated. Hearing on defendants’

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motion is continued to February 8, 2012 at 10:00 a.m. in courtroom no. 26.

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2. Plaintiff is directed to file opposition, if any, to the motion, or a statement of

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non-opposition thereto, no later than January 25, 2012. Failure to file opposition and appear at

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hearing, or to file a statement of non-opposition, will be deemed a statement of non-opposition,

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and shall result in a recommendation that this action be dismissed.

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3. Reply, if any, shall be filed no later than February 1, 2012.

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Dated: January 3, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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myers.nop.con

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