Smith v. United States District Court for the Northern District
Filing
16
ORDER signed by Magistrate Judge Kendall J. Newman on 05/20/13 ordering that within 30 days of the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an opposition will be deemed as consent to have the: a) pending motion granted b) action dismissed for lack of prosecution; and c) action dismissed on plaintiff's failure to comply with these rules and a court order. (Plummer, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
STEVEN R. SMITH,
11
Petitioner,
12
13
No. 2:13-cv-0605 KJN P
vs.
MARION SPEARMAN, Warden,
14
Respondent.
15
ORDER
/
16
Both parties consented to proceed before the undersigned for all purposes. See 28
17
U.S.C. § 636(c). On April 17, 2013, respondent filed a motion to dismiss the petition based on
18
petitioner’s alleged failure to exhaust state remedies. Petitioner has not opposed the motion.
19
Local Rule 230(l) provides in part: “Failure of the responding party to file written
20
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
21
the granting of the motion . . . .” Id. On April 1, 2013, petitioner was informed that his
22
opposition or statement of non-opposition to a motion shall be filed within thirty days after
23
service of the motion. (ECF No. 8 at 2.)
24
////
25
////
26
////
1
1
Local Rule 110 provides that failure to comply with the Local Rules “may be
2
grounds for imposition of any and all sanctions authorized by statute or Rule or within the
3
inherent power of the Court.” Id.
4
Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
5
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.
6
7
8
9
Id.
10
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the
11
date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file
12
an opposition will be deemed as consent to have the: (a) pending motion granted; (b) action
13
dismissed for lack of prosecution; and (c) action dismissed based on plaintiff’s failure to comply
14
with these rules and a court order. Such failure shall result in a recommendation that this action
15
be dismissed pursuant to Federal Rule of Civil Procedure 41(b).
16
DATED: May 20, 2013
17
18
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
19
20
smit0605.46o
21
22
23
24
25
26
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?