Cooper v. Heatley et al

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 9/23/2013 ORDERING that, within 30 days, plaintiff shall file an opposition, if any he has, to the 22 motion to dismiss or a statement of non-opposition. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GOLDYN COOPER,

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Plaintiff,

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No. 2:12-cv-00602 KJM DAD P

v.

ORDER

SCOTT HEARTLEY, et al.,

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Defendants.

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On August 15, 2013, defendant Pepper filed a motion to dismiss pursuant to Federal Rule

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of Civil Procedure 12(b). 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 April 4, 2013, plaintiff was advised of the requirements for

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filing an opposition to the motion and that failure to oppose such a motion may be deemed a

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waiver of opposition to the motion.

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Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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

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the Court.” In the order filed April 4, 2013, plaintiff was advised that failure to comply with the

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Local 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 date of

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this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement

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of non-opposition. Failure to comply with this order will result in dismissal of this action

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pursuant Federal Rule of Civil Procedure 41(b).

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Dated: September 23, 2013

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DAD:4
coop602.46osc

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