Johnson v. Stanton, et al

Filing 47

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/18/14 ORDERING that within 21 days of the date of this order, petitioner shall file either an opposition to the motions to dismiss or a statement of no opposition. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY DALE JOHNSON,

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Petitioner,

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v.

No. 2:12-cv-2239-EFB P

ORDER

GARY R. STANTON, et al.,

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Respondents.

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Petitioner is a federal prisoner without counsel seeking a writ of habeas corpus. See 28

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U.S.C. § 2241. On February 6, 2014, respondent Grondolsky filed a motion to dismiss. On

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February 7, 2014, respondents Solano County Jail and Barrett filed a motion to dismiss.

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Petitioner has not filed an opposition or a statement of no opposition to respondents’ motions to

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dismiss.

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A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action

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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in
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dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an amended

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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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petitioner shall file either an opposition to the motions to dismiss or a statement of no opposition.

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Failure to comply with this order may result in dismissal of this action without prejudice.

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Dated: March 18, 2014.

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