Henderson v. Lankford et al

Filing 71

ORDER signed by Magistrate Judge Kendall J. Newman on 3/4/2015 ORDERING plaintiff to file an opposition, if any, to the 61 motion for summary judgment, within 14 days. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JEFFREY HENDERSON,

12

Plaintiff,

13
14

No. 2:12-cv-2317 KJN P

v.

ORDER

DR. R. LANKFORD, et al.,

15

Defendants.

16
17

Plaintiff is a former state prisoner. Both parties consented to proceed before the

18

undersigned for all purposes. See 28 U.S.C. § 636(c). On October 17, 2014, defendants filed a

19

motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff was

20

granted three extensions of time to file an opposition, and his opposition was due on February 17,

21

2015. Despite these extensions of time, plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written

22
23

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

24

the granting of the motion . . . .” On October 17, 2014, plaintiff was advised of the requirements

25

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

26

waiver of opposition to the motion. (ECF No. 61-1, citing Rand v. Rowland, 154 F.3d 952, 957

27

(9th Cir. 1998) (en banc).)

28

////
1

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

1
2

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

3

the Court.” In the order filed January 15, 2014, plaintiff was also advised that failure to comply

4

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

5

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

6

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.

7
8
9
10
11

Id.
Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days from the

12

date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

13

Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack

14

of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

15

and a court order. Such failure shall result in an order that this action be dismissed pursuant to

16

Federal Rule of Civil Procedure 41(b).

17

Dated: March 4, 2015

18
19
20
/hend2317.nop

21
22
23
24
25
26
27
28
2