Dixie v. Virga et al
Filing
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ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 02/20/14 ORDERING within 10 days of this order, defendants shall file an opposition to plaintiff's motion for preliminary injunction. Within 10 days of this order, defen dants shall also file a statement showing cause why sanctions should not be imposed for their failure to file an opposition or statement of non-opposition in accordance with the court's local rules. Plaintiff may file a reply within 7 days after defendants file an opposition to the pending motion for preliminary injunction. (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 LEWIS DIXIE,
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No. 2:12-cv-2626 LKK DAD
Plaintiff,
v.
ORDER AND ORDER TO SHOW CAUSE
TIM VIRGA, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42
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U.S.C. § 1983. On December 12, 2013, plaintiff filed a Motion for Preliminary Injunction. (ECF
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No. 37.) Local Rule 230(l) states, in pertinent part:
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Opposition, if any, to the granting of [a motion in a prisoner action]
shall be served and filed by the responding party not more than
twenty-one (21),days after the date of service of the motion. A
responding party who has no opposition to the granting of the
motion shall serve and file a statement to that effect, specifically
designating the motion in question. Failure of the responding party
to file an opposition or to file a statement of no opposition may be
deemed a waiver of any opposition to the granting of the motion
and may result in the imposition of sanctions.
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Local Rule 230(1). The proof of service attached to plaintiff’s Motion for Preliminary Injunction
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indicates that plaintiff served defendants with his motion on December 9, 2013. (ECF No. 37 at
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11.) Over twenty-one days have passed since the date of service of plaintiff’s motion and
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defendants have not yet filed an opposition or statement of non-opposition to the motion.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within ten days of this order, defendants shall file an opposition or statement of non-
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opposition to plaintiff’s Motion for Preliminary Injunction. Defendants are cautioned that failure
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to file an opposition in a timely manner may result in the court treating defendants’ inaction as a
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statement of non-opposition to plaintiff’s motion.
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2. Within ten days of this order, defendants shall also file a statement showing cause why
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sanctions should not be imposed for their failure to file an opposition or statement of non-
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opposition in accordance with the court’s local rules. See Local Rules 110, 230(l).
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3. Failure to timely file an opposition/non-opposition or a response to this order to show
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cause, or both, may result in the imposition of sanctions, including the court deeming defendant’s
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inaction as a statement of non-opposition to plaintiff’s Motion for Preliminary Injunction or other
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appropriate sanctions.
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4. Plaintiff may file a reply within seven days after defendants file an opposition to the
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pending motion for preliminary injunction.
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Dated: February 20, 2014
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dixi2626.osc.docx
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