Singh v. Johnson et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 ORDERING the petitioner to file within 21 days, either an opposition to the 7 Motion to Dismiss or a statement of non-opposition; CAUTIONING the petitioner that a failure to comply with this order will result in the dismissal of this action without prejudice. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NARINDER SINGH,

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No. 2:14-cv-1566-EFB P

Petitioner,
v.

ORDER

JEH CHARLES JOHNSON, et al.,

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Respondents.

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Petitioner is federal detainee proceeding with a writ of habeas corpus pursuant to 28

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U.S.C. § 2241. On January 14, 2015, respondents filed a motion to dismiss the petition as moot.

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Petitioner has not filed an opposition or a statement of no opposition to respondent’s motion to

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dismiss. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C.

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§ 636(b)(1) and is before the undersigned pursuant to the parties’ consent. E.D. Cal. Local Rules,

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Appx. A, at (k).

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A responding party’s failure “to file written opposition or to file a statement of no

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opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action

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with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See
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Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in

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

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complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439,

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

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regarding notice of change of address affirmed).

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

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petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition.

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Failure to comply with this order will result in the dismissal of this action without prejudice.

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Dated: February 25, 2015.

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