Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 36

ORDER signed by Magistrate Judge Allison Claire on 2/7/2014 VACATING the 2/12/2014 hearing, hearing on defendants 35 motion to dismiss is CONTINUED to 3/19/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; plaintiff shall file an opposition, if any, to the motion to dismiss no later than 3/5/2014. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-0414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff, a state prisoner, proceeds through counsel with a second amended civil rights

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complaint filed pursuant to 42 U.S.C. § 1983. On January 14, 2014, defendants filed a motion to

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dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 35. No opposition to the

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motion to dismiss has been filed.

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Local Rule 230(c) provides that opposition to the granting of a motion must be filed

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fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will

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be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

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motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that

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failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, 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.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of February 12, 2014 is vacated. Hearing on defendants’ motion to

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dismiss is continued to March 19, 2014 at 10:00 a.m. in Courtroom No. 26.
2. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than March 5,

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2014. Failure to file opposition and appear at the hearing will be deemed as a statement of non-

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opposition and shall result in a recommendation that this action be dismissed pursuant to Federal

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Rule of Civil Procedure 41(b).

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DATED: February 7, 2014

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