Cooper v. Heatley et al

Filing 51

ORDER signed by Magistrate Judge Dale A. Drozd on 7/29/14 ORDERING that within 21 days after the filing date of this order, plaintiff shall file and serve an opposition, or statement of no opposition, to the pending motion to dismiss.(Mena-Sanchez, L)

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

Plaintiff,
v.

ORDER

SCOTT HEATLEY, et al.,
Defendants.

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Plaintiff is state prisoner proceeding pro se and in forma pauperis in this civil rights action
filed pursuant to 42 U.S.C. § 1983.
On June 17, 2014, defendants filed and served a motion for summary judgment, pursuant
to Federal Rule of Civil Procedure 56. (ECF No. 50.)
Pursuant to the Local Rules of this court, plaintiff’s opposition or statement of non-

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opposition to defendants’ motion for summary judgment was due within 21 days after service of

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the motion. See Local Rule 230(l). More than 21 days have passed, and plaintiff has not opposed

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the motion or otherwise communicated with the court.

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Local Rule 230(l) further provides that failure to timely respond to a motion may be

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deemed a waiver of opposition. See Local Rule 230(l). In addition, Local Rule 110 provides that

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failure to comply with the Local Rules or any order of this court “may be grounds for imposition

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of any and all sanctions authorized by statute or Rule or within the inherent power of the Court.”
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Finally, Rule 41(b), Federal Rules of Civil Procedure, authorizes the involuntary dismissal of an

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action due to a plaintiff’s failure to prosecute, or to comply with the Federal Rules or a court

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order.

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Good cause appearing, IT IS HEREBY ORDERED that, within 21 days after the filing

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date of this order, plaintiff shall file and serve an opposition, or statement of no opposition, to the

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pending motion to dismiss. Failure to timely file an opposition, or statement of no opposition,

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will be deemed as plaintiff’s consent to have this action dismissed for lack of prosecution, and

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failure to comply with the Local Rules and Federal Rules of Civil Procedure. Said failure shall

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result in a recommendation that this action be dismissed without prejudice pursuant to Federal

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Rule of Civil Procedure 41(b).

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Dated: July 29, 2014

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DAD:4
coop0602.nooppo.

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