Clark v. Herrera et al

Filing 38

ORDER signed by Magistrate Judge Deborah Barnes on 10/15/2017 ORDERING that plaintiff shall file an opposition to the 33 Motion for Summary Judgment within 14 days of the date of this order. (Hunt, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

QUINTERRIOUS CLARK,

12

Plaintiff,

13

v.

14

No. 2:13-cv-1885 JAM DB P

M. HERRERA,

15

ORDER

Defendant.

16
On May 26, 2017, defendants filed a motion for summary judgment. On July 6, 2017,

17
18

plaintiff was ordered to show cause why this case should not be dismissed for his failure to

19

oppose the motion. (ECF No. 35.) On August 14, 2017, plaintiff filed a motion for a 45-day

20

extension of time, which was granted. (ECF Nos. 36, 37.) Those 45 days have passed and

21

plaintiff has not filed an opposition to the summary judgment motion or otherwise responded to

22

the court’s August 17, 2017 order.
Local Rule 230(l) provides in part: “Failure of the responding party to file written

23
24

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

25

the granting of the motion . . . .” In an order filed December 3, 2015, plaintiff was advised of the

26

requirements for filing an opposition to the motion and that failure to oppose such a motion may

27

be deemed a waiver of opposition to the motion.

28

////
1

1

Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

2

imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

3

the Court.” In the order filed December 3, 2015, plaintiff was advised that failure to comply with

4

the Local Rules may result in a recommendation that the action be dismissed.

5

Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days of the date

6

of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.

7

Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a

8

recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

9

Dated: October 15, 2017

10
11
12
13
14
15
16
17
18

DLB:9
DB/orders.prisoner-civil rights/clar1885.46.osc(2)

19
20
21
22
23
24
25
26
27
28
2