Hammler v. Wright

Filing 69

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/6/2017 ORDERING, within 21 days, plaintiff shall file either an opposition to the motion to compel or a statement of no opposition.(Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 12 Plaintiff, 13 14 No. 2:15-cv-1645-GEB-EFB P v. ORDER J. WRIGHT, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. On March 3, 2017, defendant filed a motion to compel plaintiff to produce 19 written responses and responsive documents within plaintiff’s possession, custody and control. 20 ECF No. 66. Plaintiff has not filed an opposition or a statement of no opposition to the motion. In cases in which one party is incarcerated and proceeding without counsel, motions 21 22 ordinarily are submitted on the record without oral argument. E.D. Cal. Local Rule 230(l). 23 “Opposition, if any, to the granting of the motion shall be served and filed by the responding 24 party not more than twenty-one (21), days after the date of service of the motion. ” Id. A 25 responding party’s failure “to file an opposition or to file a statement of no opposition may be 26 deemed a waiver of any opposition to the granting of the motion and may result in the imposition 27 of sanctions.” Id. 28 ///// 1 1 Furthermore, a party’s failure to comply with any order or with the Local Rules “may be 2 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 3 within the inherent power of the Court.” E.D. Cal. Local Rule 110. The court may recommend 4 that an action be dismissed with or without prejudice, as appropriate, if a party disobeys an order 5 or the Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did 6 not abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re- 7 file an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 8 F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local 9 rule regarding notice of change of address affirmed). 10 The court also notes that on August 25, 2015, it advised plaintiff of the requirements for 11 filing an opposition to a discovery motion, that failure to oppose such a motion may be deemed a 12 waiver of opposition to the motion and that failure to comply with the Local Rules may result in 13 dismissal. ECF No. 8, ¶ 8. 14 Accordingly, it is hereby ORDERED that, within 21 days of the date of this order, 15 plaintiff shall file either an opposition to the motion or a statement of no opposition. Failure to 16 comply with this order may result in a recommendation that this action be dismissed without 17 prejudice. 18 DATED: April 6, 2017. 19 20 21 22 23 24 25 26 27 28 2

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