Morris v. Nangalama et al

Filing 93

ORDER signed by Magistrate Judge Kendall J. Newman on 07/01/16 ordering that within 14 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON E. MORRIS, 12 Plaintiff, 13 14 No. 2:12-cv-1202 MCE KJN P v. ORDER NANGALAMA, et al., 15 Defendants. 16 On May 16, 2016, defendants filed a motion for summary judgment pursuant to Federal 17 18 Rule of Civil Procedure 56. Plaintiff has not opposed the motion. Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 20 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 21 the granting of the motion . . . .” Id. By order filed May 21, 2012, and on May 16, 2016, plaintiff 22 was advised of the requirements for filing an opposition to a motion and that failure to oppose 23 such a motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 24 F.3d 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th 25 Cir. 1988). 26 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 27 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 28 //// 1 1 the Court.” Id. In the order filed May 21, 2012, plaintiff was also advised that failure to comply 2 with the Local Rules may result in a recommendation that the action be dismissed. 3 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 4 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as an adjudication on the merits. 5 6 7 8 9 Id. Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days from the 10 date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 11 Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 12 of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules 13 and a court order. Such failure shall result in a recommendation that this action be dismissed 14 pursuant to Federal Rule of Civil Procedure 41(b). 15 Dated: July 1, 2016 16 17 18 /morr1202.nop 19 20 21 22 23 24 25 26 27 28 2

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