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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADRIAN CIDA,

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Plaintiff,

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No. 2:13-cv-2289 MCE KJN P

v.

ORDER

BONNIE LEE, M.D., et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. On November 20, 2017,

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defendants filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56.

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On January 10, 2018, plaintiff was granted an extension of time up to and including February 11,

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2018, to file an opposition. That date has now passed, and plaintiff has not opposed the motion,

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despite having three months to do so.
Local Rule 230(l) provides in part: “Failure of the responding party to file written

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

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the granting of the motion . . . .” Id. On January 20, 2017, and November 20, 2017, plaintiff was

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

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motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d

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952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.

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1988).
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Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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

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the Court.” Id. In the order filed January 20, 2017, plaintiff was also advised that failure to

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

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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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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.

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Id.
Good cause appearing, IT IS HEREBY ORDERED that, within fourteen days from the

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

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Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack

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of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules

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and a court order. Such failure shall result in a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: February 21, 2018

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/cida2289.nop

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