Benyamini v. Swett et al

Filing 38

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 03/11/15 ordering the hearing on defendants' motion for summary judgment is continued to 4/08/15 at 10:00 a.m. in courtroom 8. Plaintiff shall show cause in writing, no later than 3/25/15, why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiff shall file an opposition, or a statement of non-opposition thereto, no later than 3/25/15. Defendants may file a reply to plaintiff's opposition, if any, on or before 4/01/15. (Plummer, M)

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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 TO SHOW CAUSE

M. SWETT, et al.,
Defendants.

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On February 13, 2015 defendants filed a motion for summary judgment on the ground that

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plaintiff failed to properly exhaust administrative remedies prior to filing suit. ECF No. 37.

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Defendants noticed the hearing on their motion for March 18, 2015. Id.

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Court records reflect that plaintiff has not filed an opposition or statement of non-

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opposition to the motion for summary judgment. Local Rule 230(c) provides that opposition to

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the granting of a motion, or a statement of non-opposition thereto, must be served upon the

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moving party, and filed with this court, no later than fourteen days preceding the noticed hearing

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date or, in this instance, by March 4, 2015. Local Rule 230(c) further provides that “[n]o party

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will be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion

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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
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, good cause appearing, it is hereby ORDERED that:

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1. The hearing on defendants’ motion for summary judgment is continued to April 8,

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2015 at 10:00 a.m. in Courtroom No. 8.
2. Plaintiff shall show cause, in writing, no later than March 25, 2015, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motion.

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3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than March 25, 2015.
4. Failure of plaintiff to file an opposition to the motion will be deemed a statement of

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non-opposition thereto, and may result in a recommendation that this action be dismissed for lack

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of prosecution and/or for failure to comply with court orders and this court’s Local Rules. See

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Fed. R. Civ. P. 41(b).

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5. Defendants may file a reply to plaintiff’s opposition, if any, on or before April 1, 2015.
DATED: March 11, 2015.

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