Morris v. Jennings et al.

Filing 31

ORDER signed by Magistrate Judge Allison Claire on 4/25/2016 ORDERING, within 14 days, plaintiff shal file an opposition, if any, to defendants' 24 motion to revoke his ifp status. 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

LEON E. MORRIS,

12

No. 2:13-cv-1134 AC P (TEMP)

Plaintiff,

13

v.

14

JENNINGS 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 21, 2016, defendants filed a motion to revoke plaintiff’s in

19

forma pauperis status pursuant to 28 U.S.C. § 1915(g). On February 9, 2016, plaintiff filed a

20

motion for a sixty-day extension of time to file an opposition to defendants’ motion, which this

21

court granted. The time for filing his opposition has now expired, but plaintiff has not filed an

22

opposition or otherwise responded to defendants’ motion.

23

Local Rule 230(l) requires plaintiff to file an opposition not more than twenty-one (21)

24

days after the date of service of a motion. “Failure of the responding party to file written

25

opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

26

the granting of the motion . . . .” Plaintiff is reminded that Local Rule 110 provides that failure to

27

comply with the Local Rules “may be grounds for imposition of any and all sanctions authorized

28

by statute or Rule or within the inherent power of the Court.”
1

1

Good cause appearing, IT IS HEREBY ORDERED that, within fourteen (14) days of the

2

date of this order, plaintiff shall file an opposition, if any, to defendants’ motion to revoke his in

3

forma pauperis status. 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: April 25, 2016

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2