Harlan v. Owens, et al

Filing 22

ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/15 ORDERING that within thirty days from the date of this order, plaintiff shall file an opposition, if any, to the motion to dismiss.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WILLIAM HARLAN,

12
13
14
15
16

No. 2:14-cv-2037 GEB KJN P

Plaintiff,
v.

ORDER

CORRECTIONAL OFFICER OWENS, et
al.,
Defendants.

17
18
19
20

On January 7, 2015, defendants Owens, Hermann, and Ross filed a motion to dismiss
pursuant to Federal Rule of Civil Procedure 12. Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written

21

opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

22

the granting of the motion . . . .” On October 24, 2014, plaintiff was advised of the requirements

23

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

24

waiver of opposition to the motion.

25

Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

26

imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

27

the Court.” In the order filed October 24, 2014, plaintiff was also advised that failure to comply

28

with the Local Rules may result in a recommendation that the action be dismissed.
1

1

Moreover, Rule 41(b) of the Federal Rules of Civil Procedure provides:

2

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.

3
4
5
6

Id.

7

Finally, although it appears from the file that plaintiff’s copy of the January 13, 2015

8

minute order was returned, plaintiff was properly served. It is the plaintiff’s responsibility to

9

keep the court apprised of his current address at all times. Pursuant to Local Rule 182(f), service

10
11

of documents at the record address of the party is fully effective.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date

12

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

13

opposition will be deemed as consent to have the: (a) action dismissed for lack of prosecution;

14

and (b) action dismissed based on plaintiff’s failure to comply with these rules and a court order.

15

Such failure shall result in a recommendation that this action be dismissed pursuant to Federal

16

Rule of Civil Procedure 41(b).

17

Dated: February 10, 2015

18
19
20
21
harl2037.nop

22
23
24
25
26
27
28
2