Coleman v. Hill, et. al.

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2014 ORDERING that, within 30 days, plaintiff shall file an opposition, if any, to the 23 motion to dismiss. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SAAHDI COLEMAN,

12

Plaintiff,

13
14

No. 2:12-cv-2171 KJN P

v.

ORDER

RICK HILL, et al.,

15

Defendants.

16
On October 16, 2014, defendants Rick Hill and N. Fransham filed a motion to dismiss

17
18

pursuant to Federal Rule of Civil Procedure 12. Plaintiff did not file an opposition to the motion.

19

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

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 . . . .” On July 18, 2014, plaintiff was advised of the requirements for

22

filing an opposition to a motion and that failure to oppose such a motion may be deemed a waiver

23

of opposition to the motion.

24

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

25

imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

26

the Court.” In the order filed July 18, 2014, plaintiff was also advised that failure to comply with

27

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

28

////
1

1

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

2

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.

3
4
5
6

Id.

7

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

8

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

9

opposition will be deemed as consent to have the: (a) action dismissed for lack of prosecution;

10

and (b) action dismissed based on plaintiff’s failure to comply with these rules and a court order.

11

Such failure shall result in a recommendation that this action be dismissed pursuant to Federal

12

Rule of Civil Procedure 41(b).

13

Dated: December 2, 2014

14
15

cole2171.nooppo.kjn

16
17
18
19
20
21
22
23
24
25
26
27
28
2