Dixie v. Virga et al

Filing 44

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES LEWIS DIXIE,

12
13
14
15

No. 2:12-cv-2626 LKK DAD

Plaintiff,
v.

ORDER AND ORDER TO SHOW CAUSE

TIM VIRGA, et al.,
Defendants.

16
17

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

18

U.S.C. § 1983. On December 12, 2013, plaintiff filed a Motion for Preliminary Injunction. (ECF

19

No. 37.) Local Rule 230(l) states, in pertinent part:

20

24

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.

25

Local Rule 230(1). The proof of service attached to plaintiff’s Motion for Preliminary Injunction

26

indicates that plaintiff served defendants with his motion on December 9, 2013. (ECF No. 37 at

27

11.) Over twenty-one days have passed since the date of service of plaintiff’s motion and

28

defendants have not yet filed an opposition or statement of non-opposition to the motion.

21
22
23

1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Within ten days of this order, defendants shall file an opposition or statement of non-

3

opposition to plaintiff’s Motion for Preliminary Injunction. Defendants are cautioned that failure

4

to file an opposition in a timely manner may result in the court treating defendants’ inaction as a

5

statement of non-opposition to plaintiff’s motion.

6

2. Within ten days of this order, defendants shall also file a statement showing cause why

7

sanctions should not be imposed for their failure to file an opposition or statement of non-

8

opposition in accordance with the court’s local rules. See Local Rules 110, 230(l).

9

3. Failure to timely file an opposition/non-opposition or a response to this order to show

10

cause, or both, may result in the imposition of sanctions, including the court deeming defendant’s

11

inaction as a statement of non-opposition to plaintiff’s Motion for Preliminary Injunction or other

12

appropriate sanctions.

13

4. Plaintiff may file a reply within seven days after defendants file an opposition to the

14

pending motion for preliminary injunction.

15

Dated: February 20, 2014

16
17
18
dixi2626.osc.docx

19
20
21
22
23
24
25
26
27
28
2