Smith v. Prescoti

Filing 32

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/21/17 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion for summary judgment or a statement of no opposition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHONE SMITH,

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No. 2:15-cv-421-EFB P

Plaintiff,
v.

ORDER

PRESCOTI,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On January 18, 2017, defendant filed a motion for summary judgment. ECF No.

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30. Plaintiff has not filed an opposition or a statement of non-opposition to defendant’s motion.

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In cases in which one party is incarcerated and proceeding without counsel, motions

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ordinarily are submitted on the record without oral argument. E.D. Cal. Local Rule 230(l).

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“Opposition, if any, to the granting of the motion shall be served and filed by the responding

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party not more than twenty-one (21), days after the date of service of the motion.” Id. A

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responding party’s failure “to file an opposition or to file a statement of no opposition may be

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deemed a waiver of any opposition to the granting of the motion and may result in the imposition

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of sanctions.”

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Furthermore, a party’s failure to comply with any order or with the Local Rules “may be
grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or
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within the inherent power of the Court.” Local Rule 110. The court may recommend that an

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action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the

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Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not

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

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

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1439, 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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plaintiff shall file either an opposition to the motion for summary judgment or a statement of no

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opposition. Failure to comply with this order may result in a recommendation that this action be

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dismissed without prejudice.

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DATED: February 21, 2017.

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