Wilkerson v. Nies et al

Filing 28

ORDER signed by Magistrate Judge Allison Claire on 08/07/13 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES WILKERSON,

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No. 2:12-cv-2251 AC P

Plaintiff,
v.

ORDER

G. NIES, WARDEN, et al.,
Defendants.

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On June 27, 2013 defendants filed a motion to dismiss pursuant to non-enumerated

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Federal Rule of Civil Procedure 12(b) and under Fed. R. Civ. 12(b)(6). ECF No. 27. Plaintiff has

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not opposed the motion.

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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 January 8, 2013 plaintiff was advised of the requirements for

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

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waiver of opposition to the motion. ECF No. 15. Defendants have also provided notice pursuant

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to Woods v. Carey, 684 F.3d 934 (9th Cir. 2012), with respect to that portion of the motion

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brought pursuant to non-enumerated Rule 12(b). See ECF No. 27-5.

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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 January 8, 2013 (ECF No. 15), plaintiff was 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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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of

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

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opposition will be deemed as a statement of non-opposition and shall result in a recommendation

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that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

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DATED: August 7, 2013

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AC:009/dd
wilk2251.46.osc

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