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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
JOHN PHILIP MONCRIEF,
12
13
14
15
16
No. 2:12-cv-0414 MCE AC P
Plaintiff,
v.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
17
18
Plaintiff, a state prisoner, proceeds through counsel with a second amended civil rights
19
complaint filed pursuant to 42 U.S.C. § 1983. On January 14, 2014, defendants filed a motion to
20
dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 35. No opposition to the
21
motion to dismiss has been filed.
22
Local Rule 230(c) provides that opposition to the granting of a motion must be filed
23
fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will
24
be entitled to be heard in opposition to a motion at oral arguments if written opposition to the
25
motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that
26
failure to appear may be deemed withdrawal of opposition to the motion or may result in
27
sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be
28
grounds for imposition of any and all sanctions authorized by statute or Rule or within the
1
1
inherent power of the Court.”
2
Good cause appearing, IT IS HEREBY ORDERED that:
3
1. The hearing date of February 12, 2014 is vacated. Hearing on defendants’ motion to
4
5
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,
6
2014. Failure to file opposition and appear at the hearing will be deemed as a statement of non-
7
opposition and shall result in a recommendation that this action be dismissed pursuant to Federal
8
Rule of Civil Procedure 41(b).
9
DATED: February 7, 2014
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?