Fisher v. Bonner et al

Filing 43

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/10/17 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of no opposition. Failure to comply with this order may result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT H. FISHER,

12
13
14

No. 2:14-cv-757-KJM-EFB P

Plaintiff,
v.

ORDER

EDWARD BONNER, et al.,

15

Defendants.

16
17

Plaintiff is a former county inmate proceeding without counsel in an action brought under

18

42 U.S.C. § 1983. On November 28, 2016, defendant Easterling filed a motion for summary

19

judgment. ECF No. 41. Plaintiff has not filed an opposition or a statement of non-opposition to

20

defendant’s motion.

21

Pursuant to Local Rule 230(l), which applies to defendant’s motion (see ECF No. 14, ¶ 9),

22

an “[o]pposition, if any, to the granting of the motion shall be served and filed by the responding

23

party not more than twenty-one (21), days after the date of service of the motion.” Id. A

24

responding party’s failure “to file an opposition or to file a statement of no opposition may be

25

deemed a waiver of any opposition to the granting of the motion and may result in the imposition

26

of sanctions.”

27
28

Furthermore, a party’s failure to comply with any order or with the Local Rules “may be
grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
1

1

within the inherent power of the Court.” Local Rule 110. The court may recommend that an

2

action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the

3

Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not

4

abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an

5

amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d

6

1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

7

regarding notice of change of address affirmed).

8

Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

9

plaintiff shall file either an opposition to the motion for summary judgment or a statement of no

10

opposition. Failure to comply with this order may result in a recommendation that this action be

11

dismissed without prejudice.

12

DATED: January 10, 2017.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2