Diaz v. Hurley et al

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 08/10/17 ordering that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion to revoke. (Plummer, M)

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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 MIGUEL ENRIQUE DIAZ, 12 13 14 No. 2:15-cv-2083 GEB KJN P Plaintiff, v. ORDER ASSOCIATE WARDEN HURLEY, et al., 15 Defendants. 16 17 On July 3, 2017, defendants filed a motion to revoke plaintiff’s in forma pauperis status 18 and to dismiss this complaint pursuant to 28 U.S.C. § 1915(g). Plaintiff has not opposed the 19 motion. 20 Local Rule 230(l) provides in part: “Failure of the responding party to file written 21 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 22 the granting of the motion . . . .” Id. On May 2, 2017, plaintiff was advised of the requirements 23 for filing an opposition to a motion and that failure to oppose such a motion may be deemed a 24 waiver of opposition to the motion. (ECF No. 19.) 25 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 26 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 27 the Court.” Id. In the order filed May 2, 2017, plaintiff was also advised that failure to comply 28 with the Local Rules may result in a recommendation that the action be dismissed. 1 1 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 2 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as an adjudication on the merits. 3 4 5 6 7 Id. Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 8 of this order, plaintiff shall file an opposition, if any, to the motion to revoke. Failure to file an 9 opposition will be deemed as consent to grant the motion to revoke plaintiff’s in forma pauperis 10 status or have the: (a) action dismissed for lack of prosecution; and (b) action dismissed based on 11 plaintiff’s failure to comply with these rules and a court order. Such failure shall result in a 12 recommendation that plaintiff’s in forma pauperis status be revoked or that this action be 13 dismissed pursuant to Federal Rule of Civil Procedure 41(b). 14 Dated: August 10, 2017 15 16 17 18 /diaz2083. nop 19 20 21 22 23 24 25 26 27 28 2

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