Nguyen v. California Prison Health Service, et al.
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/06/17 ordering that, within 21 days of the date of this order,plaintiff shall file either an opposition to the motion or a statement of no opposition. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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NAM BA NGUYEN,
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No. 2:13-cv-963-MCE-EFB P
Plaintiff,
v.
ORDER
CALIFORNIA PRISON HEALTH
SERVICE, et al.,
Defendants.
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. On March 2, 2017, defendants Osman and Champen filed a motion for summary
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judgment and informed plaintiff of the requirements for opposing a motion for summary
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judgment. See Fed. R. Civ. P. 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998).
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Plaintiff has not filed an opposition or a statement of no opposition to the motion.
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In cases in which one party is incarcerated and proceeding without counsel, motions
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ordinarily are submitted on the record without oral argument. E.D. Cal. Local Rule 230(l).
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“Opposition, if any, to the granting of the motion shall be served and filed by the responding
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party not more than twenty-one (21), days after the date of service of the motion. ” Id. A
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responding party’s failure “to file an opposition or to file a statement of no opposition may be
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deemed a waiver of any opposition to the granting of the motion and may result in the imposition
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of sanctions.” Id. Furthermore, a party’s failure to comply with any order or with the Local
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Rules “may be grounds for imposition by the Court of any and all sanctions authorized by statute
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or Rule or within the inherent power of the Court.” E.D. Cal. Local Rule 110. The court may
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recommend that an action be dismissed with or without prejudice, as appropriate, if a party
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disobeys an order or the Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir.
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1992) (district court did not abuse discretion in dismissing pro se plaintiff’s complaint for failing
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to obey an order to re-file an amended complaint to comply with Federal Rules of Civil
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Procedure); Carey v. King, 856 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se
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plaintiff’s failure to comply with local rule regarding notice of change of address affirmed).
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On June 18, 2015, the court advised plaintiff of the requirements for filing an opposition
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to the motion, that failure to oppose such a motion may be deemed a waiver of opposition to the
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motion and that failure to comply with the Local Rules may result in dismissal. ECF No. 19.
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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,
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plaintiff shall file either an opposition to the motion or a statement of no opposition. Failure to
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comply with this order may result in a recommendation that this action be dismissed without
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prejudice.
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DATED: April 6, 2017.
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