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