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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
TOMMY HENDERSON,
12
No. 2:13-cv-0344 DAD P
Plaintiff,
13
v.
14
S. TSENG et al.,
15
ORDER
Defendants.
16
17
Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant
18
to 42 U.S.C. § 1983. On January 23, 2015, defendant Tseng filed a motion for summary
19
judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff has not opposed the motion.
20
Local Rule 230(l) provides in part: “Failure of the responding party to file written
21
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
22
the granting of the motion . . . .” On April 30, 2014, plaintiff was advised of the requirements for
23
filing an opposition to the motion and that failure to oppose such a motion may be deemed a
24
waiver of opposition to the motion.
25
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for
26
imposition of any and all sanctions authorized by statute or Rule or within the inherent power of
27
the Court.” In the order filed April 30, 2014, plaintiff was advised that failure to comply with the
28
Local Rules may result in a recommendation that the action be dismissed.
1
1
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of
2
this order, plaintiff shall file an opposition, if any, to the motion for summary judgment filed on
3
behalf of defendant Tseng. Failure to file an opposition will be deemed as a statement of non-
4
opposition and shall result in a recommendation that this action be dismissed pursuant Federal
5
Rule of Civil Procedure 41(b). Alternatively, if plaintiff no longer wishes to pursue this action he
6
may file a request to voluntarily dismiss this case.
7
Dated: March 5, 2015
8
9
10
DAD:9
hend0344.46
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?