Smith v. Langford et al

Filing 8

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/27/2015 ORDERING The hearing date of February 5, 2015 is VACATED. Plaintiff shall show cause, in writing, no later than 2/12/2015 why sanctions should not be imposed for failure timely to file opposition or a statement of non-opposition to the pending motion.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFFREY-THOMAS: SMITH,

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Plaintiff,

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No. 2:14-cv-1916 JAM GGH PS

v.

ORDER AND

MATTHEW LANGFORD, et al.,

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ORDER TO SHOW CAUSE

Defendants.

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Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to Local

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Rule 302(c)(21). Defendant’s motion to dismiss is presently noticed for hearing on the February

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5, 2015, law and motion calendar of the undersigned. Opposition to motions, or a statement of

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non-opposition thereto, must be filed fourteen days preceding the noticed hearing date. E.D. Cal.

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L. R. 230(c). Court records reflect that plaintiff failed to file opposition or a statement of non-

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opposition to the motion.
Failure to comply with the Local Rules “may be grounds for imposition by the Court of

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any and all sanctions authorized by statute or Rule or within the inherent power of the Court.”

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E.D. Cal. L. R. 110; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Additionally, “[n]o

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party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

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to the motion has not been timely filed.” E.D. Cal. L. R. 230(c).1 Pro se litigants are bound by

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the rules of procedure, even though pleadings are liberally construed in their favor. King v.

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Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), overruled on other grounds by Lacey v. Maricopa

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County, 693 F.3d 896, 925 (9th Cir. 2012); Jacobsen v. Filler, 790 F.2d 1362, 1364-65 (9th

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Cir.1986). The Local Rules specifically provide that cases of persons appearing in propria

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persona who fail to comply with the Federal and Local Rules are subject to dismissal, judgment

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by default, and other appropriate sanctions. E.D. Cal. L. R. 183.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of February 5, 2015 is vacated.2

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2. Plaintiff shall show cause, in writing, no later than February 12, 2015 why sanctions

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should not be imposed for failure timely to file opposition or a statement of non-opposition to the

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pending motion.

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3. Plaintiff is directed to file opposition, if any, to the motion, or a statement of non-

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opposition thereto, no later than February 12, 2015. Failure to file opposition, or to file a

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statement of non-opposition, will be deemed a statement of non-opposition, and shall result in a

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recommendation that this action be dismissed.

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Dated: January 27, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Smith1916.osc

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Moreover, failure to appear at hearing may be deemed withdrawal of opposition to a motion or
may result in sanctions. E.D. Cal. L. R. 230(i).
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If the court deems oral argument is needed, it will reschedule the hearing at a later date.
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