Crawford, Sr. v. Moore

Filing 20

ORDER signed by Magistrate Judge Allison Claire on 10/7/2015 ORDERING 17 that the hearing date of 10/14/2015 is VACATED; the hearing on defendant's motion to dismiss is CONTINUTED to 10/28/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; plaintiff shall file an opposition or a statement of non-opposition no later than 10/14/2015 at 4:30 PM. (Reader.L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REV. WESLEY CRAWFORD SR.,

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Plaintiff,

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No. 2:14-cv-2725 JAM AC (PS)

v.

ORDER

LISA M. MOORE,

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Defendant.

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This Order amends the Order of October 6, 2015 (ECF No. 19), to require plaintiff to

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respond to the motion to dismiss no later than October 14, 2015, fourteen days before the hearing

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date.

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This action was referred to the undersigned by Local Rule 302(c)(21). On July 20, 2015,

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defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF

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No. 17. Apparently in response, plaintiff has filed a letter with the subject line “Prison reform

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after parole has ended / Human Rights Violations.” ECF No. 18. However, plaintiff has filed no

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opposition, nor statement of non-opposition, to the motion to dismiss.

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Local Rule 230(c) provides that opposition to the granting of a motion must be filed

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fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will

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

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motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides that
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failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of October 14, 2015 is VACATED. The hearing on defendant’s

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motion to dismiss is continued to October 28, 2015 at 10:00 a.m. in Courtroom No. 26.
2. Plaintiff shall file an opposition, or a statement of non-opposition, to the motion to
dismiss, no later than October 14, 2015 at 4:30 p.m. Failure to file opposition and appear at the

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hearing will be deemed as a statement of non-opposition and shall result in a recommendation

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that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: October 7, 2015

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