Smith v. Sergent

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 03/28/16 ordering that within 21 days of the date of this order, plaintiff shall file an opposition, if any, to defendant Sergent's Motion for a court order requiring plaintiff to post security before this matter proceeds. (Plummer, 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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Plaintiff,

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No. 2:15-cv-0979 AC (TEMP) P

v.

ORDER

OFFICER SERGENT,

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Defendant.

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Plaintiff is a state prisoner proceeding pro se with this civil rights action brought pursuant

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to 42 U.S.C. § 1983. On February 8, 2016, defendant Sergent filed a motion for a court order

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pursuant to Local Rule 151, requiring plaintiff to post security before this matter proceeds.

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According to defendant Sergent, plaintiff is a vexatious litigant and is not likely to succeed on the

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merits of this case. Plaintiff has not opposed or otherwise responded to the motion.
Local Rule 230(l) requires plaintiff to file an opposition not more than twenty-one (21)

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days after the date of service of a motion. “Failure of the responding party to file written

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

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the granting of the motion . . . .” Plaintiff is reminded that Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition of any and all sanctions authorized

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by statute or Rule or within the inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that, within twenty-one (21) days of

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the date of this order, plaintiff shall file an opposition, if any, to defendant Sergent’s motion for a

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court order requiring plaintiff to post security before this matter proceeds. Failure to file an

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opposition 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 Federal Rule of Civil Procedure 41(b). Alternatively, if

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plaintiff no longer wishes to pursue this action he may file a request to voluntarily dismiss this

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case.

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DATED: March 28, 2016

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