Cida v. Lee et al

Filing 49

ORDER signed by Magistrate Judge Kendall J. Newman on 2/21/2018 ORDERING plaintiff to file an opposition, if any, to 44 Motion for Summary Judgment within 14 days from the date of this order. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN CIDA, 12 Plaintiff, 13 14 No. 2:13-cv-2289 MCE KJN P v. ORDER BONNIE LEE, M.D., et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On November 20, 2017, 18 defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. 19 On January 10, 2018, plaintiff was granted an extension of time up to and including February 11, 20 2018, to file an opposition. That date has now passed, and plaintiff has not opposed the motion, 21 despite having three months to do so. Local Rule 230(l) provides in part: “Failure of the responding party to file written 22 23 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 24 the granting of the motion . . . .” Id. On January 20, 2017, and November 20, 2017, plaintiff was 25 advised of the requirements for filing an opposition to a motion and that failure to oppose such a 26 motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 27 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 28 1988). 1 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 1 2 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 3 the Court.” Id. In the order filed January 20, 2017, plaintiff was also advised that failure to 4 comply with the Local Rules may result in a recommendation that the action be dismissed. 5 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 6 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as an adjudication on the merits. 7 8 9 10 11 Id. Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days from the 12 date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 13 Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 14 of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules 15 and a court order. Such failure shall result in a recommendation that this action be dismissed 16 pursuant to Federal Rule of Civil Procedure 41(b). 17 Dated: February 21, 2018 18 19 20 21 /cida2289.nop 22 23 24 25 26 27 28 2

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