Berrera v. Sivyer et al

Filing 39

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/12/2016 ORDERING, within 14 days, plaintiff shall file either an opposition to the motion or a statment of no opposition to the motion to dismiss. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERNESTO BERRERA,

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No. 2:15-cv-610-KJM-EFB P

Plaintiff,
v.

ORDER

J. SIVYER., et al.,
Defendants.

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Plaintiff is a state prisoner proceeding though counsel in an action brought under 42

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U.S.C. § 1983. On November 16, 2016, defendant Macomber filed a motion to dismiss. ECF

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No. 34. Plaintiff has not filed an opposition or a statement of no opposition to the motion.

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Pursuant to the court’s April 13, 2016 order, all motions to dismiss shall be briefed in

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accordance with Local Rule 230(l). ECF No. 19, ¶ 8. “Opposition, if any, to the granting of the

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motion shall be served and filed by the responding party not more than twenty-one (21), days

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after the date of service of the motion. ” Id. A responding party’s failure “to file an opposition or

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

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the motion and may result in the imposition of sanctions.” Id.

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Furthermore, a party’s failure to comply with any order or with the Local Rules “may be

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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.” E.D. Cal. Local Rule 110. The court may recommend
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that an action be dismissed with or without prejudice, as appropriate, if a party disobeys an order

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or the Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did

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not abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-

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file an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856

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F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local

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rule 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 or a statement of no opposition. Failure to

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comply with this order may result in a recommendation that this action be dismissed without

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prejudice.

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DATED: December 12, 2016.

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