Benyamini v. Swett et al

Filing 103

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2017 ORDERING within 21 days, plaintiff shall file either an opposition to defendants' 98 motion for summary judgment or a statement of no opposition to the same. Defendants may submit a reply within 7 days of plaintiff's filing, if any. The court finds that oral argument would not be of material assistance and, therefore, the 11/15/2017 hearing is VACATED. The matter will stand submitted for decision after the filing of defendant's reply, if any. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:13-cv-735-KJM-EFB P

Plaintiff,
v.

ORDER

M. SWETT, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On October 13, 2017, defendants filed a motion for summary judgment. ECF

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No. 98. That motion was noticed for hearing on November 15, 2017. Plaintiff has not filed an

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opposition or a statement of no opposition to defendants’ motion.

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Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of

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non-opposition thereto, must be served upon the moving party, and filed with this court, no later

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than fourteen days preceding the noticed hearing date or, in this instance, by November 1, 2017.

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Local Rule 230(c) further provides that “[n]o party will be entitled to be heard in opposition to a

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motion at oral arguments if opposition to the motion has not been timely filed by that party.”

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal,

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judgment by default, or other appropriate sanctions. Local Rule 110 provides that failure to
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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, it is HEREBY ORDERED that:

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1. Within twenty-one days of the date of this order, plaintiff shall file either an opposition

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to defendants’ motion for summary judgment (ECF No. 98) or a statement of no opposition to the

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same. Failure to comply with this order may result in a recommendation that this action be

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dismissed without prejudice;

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2. If plaintiff submits a response to defendants’ motion within the foregoing deadline,
defendants may submit a reply thereto within seven days of plaintiff’s filing; and
3. The court finds that oral argument would not be of material assistance and, therefore,

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the November 15, 2017 hearing is VACATED. See E.D. Cal. L.R. 230(g). The matter will stand

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submitted for decision after the filing of defendants’ reply, if any.

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DATED: November 8, 2017.

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