Johnson v. Reddy et al

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 4/19/13 ORDERING that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

RAYMOND LEON JOHNSON,

11

Plaintiff,

12
13

vs.
SHANKARI REDDY, M.D., et al.,

14

Defendants.

15

ORDER
/

16
17

No. 2:12-cv-1843 KJN P

On March 22, 2013, defendants filed a motion to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6). Plaintiff has not opposed the motion.

18

Local Rule 230(l) provides in part: “Failure of the responding party to file written

19

opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

20

the granting of the motion . . . .” Id. On December 21, 2012, plaintiff was advised of the

21

requirements for filing an opposition to a motion and that failure to oppose such a motion may be

22

deemed a waiver of opposition to the motion. Moreover, contemporaneous with the filing of the

23

motion, defendants provided notice of the requirements for filing an opposition to a motion to

24

dismiss pursuant to Wyatt v. Terhune, 315 F.3d 1108, 1120 n.14 (9th Cir. 2003). (Dkt. No. 16-

25

2.)

26

////
1

1

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

2

grounds for imposition of any and all sanctions authorized by statute or Rule or within the

3

inherent power of the Court.” In the order filed December 21, 2012, plaintiff was also advised

4

that failure to comply with the Local Rules may result in a recommendation that the action be

5

dismissed.

6

Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

7

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.

8
9
10
11

Id.

12

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the

13

date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file

14

an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action

15

dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply

16

with these rules and a court order. Such failure shall result in a recommendation that this action

17

be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

18

DATED: April 19, 2013

19
20

_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

21
22

john1843.46o

23
24
25
26
2