Davis v. Salinas et al

Filing 31

ORDER signed by Magistrate Judge John F. Moulds on 1/31/13 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion for summary judgment or a statement of non-opposition. (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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DANIEL DAVIS,
Plaintiff,

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No. 2: 11-cv-2585 JFM (PC)

vs.
S.M. SALINAS, et al.,
Defendants.

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ORDER
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On December 14, 2012, defendants filed a motion for summary judgment

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pursuant to Federal Rule of Civil Procedure 56. To date, plaintiff has not opposed the motion

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nor submitted a statement of non-opposition.
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 February 7, 2012 and again on December 14, 2012, plaintiff

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was advised of the requirements for filing an opposition to the motion. Plaintiff has also been

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advised that failure to oppose such a motion may be deemed a waiver of opposition to the

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motion.

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Local Rule 110 provides that failure to comply with the Local Rules “may be
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.” Plaintiff has been advised that failure to comply with the Local

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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

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date of this order, plaintiff shall file an opposition, if any he has, to the motion for summary

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judgment or a statement of non-opposition. Failure to comply with this order will 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: January 31, 2013.

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davi2585.46osc

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