Armstrong v. Young et al

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 2/11/2013 ORDERING that, within 30 days, plaintiff shall file an opposition, if any, to the 29 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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BRADY ARMSTRONG,

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Plaintiff,

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vs.

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No. 2:12-cv-0123 GEB KJN P

D. YOUNG, et al.,

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Defendants.

ORDER
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On January 9, 2013, defendant Chandler 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 24, 2012, and in the January 9, 2013 notice,

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plaintiff was advised of the requirements for filing an opposition to a motion and that failure to

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oppose such a motion may be deemed a waiver of opposition to the motion. Wyatt v. Terhune,

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315 F.3d 1108, 1120 n.14 (9th Cir. 2003).

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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 24, 2012, 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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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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Involuntary Dismissal; Effect. If the plaintiff fails to prosecute
or to comply with these rules or a court order, a defendant may
move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision
(b) and any dismissal not under this rule--except one for lack of
jurisdiction, improper venue, or failure to join a party under Rule
19--operates as an adjudication on the merits.

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Id.

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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 the motion to dismiss. Failure to file

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an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action

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dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply

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with these rules and a court order. Such failure shall result in a recommendation that this action

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be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: February 11, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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arms0123.46o

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