Kemper v. Pie, et al.

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 2/26/2016 ORDERING, within 30 days, plaintiff shall file an opposition, if any, to the 40 motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WINSTON KEMPER,

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Plaintiff,

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No. 2:14-cv-0305 KJN P

v.

ORDER

DR. CROSSON, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff consented to proceed

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before the undersigned for all purposes. See 28 U.S.C. § 636(c). On December 11, 2015,

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defendant Dr. Crosson filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12.

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Plaintiff has not opposed the motion.
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 March 4, 2015, plaintiff was advised of the requirements

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for filing an opposition to a motion and that failure to oppose such a motion may be deemed a

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waiver of opposition to the motion.

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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 March 4, 2015, plaintiff was also advised that failure to comply

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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 thirty days from the date

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of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an

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opposition will be deemed as consent to have the: (a) motion addressed without benefit of

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plaintiff’s opposition; (b) action dismissed for lack of prosecution; and (c) action dismissed based

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on plaintiff’s failure to comply with these rules and a court order. Such failure shall result in a

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

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Dated: February 26, 2016

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/kemp03051nop

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