Cooper v. Heatley et al
Filing
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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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