Henderson v. Tseng, et al.

Filing 23

ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/2015 ORDERING plaintiff to file an opposition, if any, to the 22 motion for summary judgment, within 30 days; alternatively, if plaintiff no longer wishes to pursue this action he may file a request to voluntarily dismiss this case. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOMMY HENDERSON,

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No. 2:13-cv-0344 DAD P

Plaintiff,

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v.

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S. TSENG et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On January 23, 2015, defendant Tseng filed a motion for summary

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judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff has 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 April 30, 2014, 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.

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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 April 30, 2014, plaintiff was advised that failure to comply with the

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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 for summary judgment filed on

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behalf of defendant Tseng. Failure to file an opposition will be deemed as a statement of non-

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opposition and shall result in a recommendation that this action be dismissed pursuant Federal

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Rule of Civil Procedure 41(b). Alternatively, if plaintiff no longer wishes to pursue this action he

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may file a request to voluntarily dismiss this case.

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Dated: March 5, 2015

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DAD:9
hend0344.46

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