O'Neal v. Amah et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 11/23/15 ordering that within 21 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to revoke and to dismiss. (Plummer, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GLENN DAVID O’NEAL,
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Plaintiff,
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v.
No. 2:14-cv-1597 GEB KJN P
ORDER
CHAPLAIN AMAH, et al.,
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Defendants.
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On September 30, 2015, defendants filed a motion to revoke plaintiff’s in forma pauperis
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status and dismiss this action pursuant to 28 U.S.C. § 1915(g). Plaintiff has not opposed the
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motion.
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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 . . . .” On August 15, 2014, 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.” In the order filed August 15, 2014, 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.
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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one days from the
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date of this order, plaintiff shall file an opposition, if any, to the motion to revoke and to dismiss.
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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: November 23, 2015
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onea1597.nop
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