Johnson v. Reddy et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 10/9/13 ORDERING that within twenty-one days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND LEON JOHNSON,

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No. 2:12-cv-1843 KJN P

Plaintiff,
v.

ORDER

SHANKARI REDDY, et al.,
Defendants.

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On August 29, 2013, defendant Reddy filed a motion to dismiss pursuant to Federal Rule
of Civil Procedure 12. 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 December 21, 2012, and March 22, 2013, plaintiff was

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advised of the requirements for filing an opposition to a motion and that failure to oppose such a

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motion may be deemed a 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 December 21, 2012, plaintiff was also advised that failure to

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comply with the Local Rules may result in a recommendation that the action be dismissed.

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

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Id.

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days from the

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

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

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

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

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

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Dated: October 9, 2013

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/john1843.46o

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