Bumpus v. Nangalama, et al

Filing 26

ORDER signed by Magistrate Judge Dale A. Drozd on 9/9/2013 ORDERING that, within 30 days, plaintiff shall file an opposition to the defendants' 7/19/2013 motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK BUMPUS,

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Plaintiff,

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No. 2:12-cv-01102 GEB DAD P

v.

ORDER

A. NANGALAMA, et al.,

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Defendants.

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On July 19, 2013, defendants filed a motion to dismiss the complaint pursuant to Rule

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12(b)(6) of the Federal Rules of Civil Procedure . 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 30, 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 30, 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 to the defendants' July 19, 2013 motion to dismiss.

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Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a

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recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: September 9, 2013

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DAD:4
bump1102.46osc

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