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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIGUEL ENRIQUE DIAZ,

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No. 2:15-cv-2083 GEB KJN P

Plaintiff,
v.

ORDER

ASSOCIATE WARDEN HURLEY, et al.,

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Defendants.

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On July 3, 2017, defendants filed a motion to revoke plaintiff’s in forma pauperis status

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and to dismiss this complaint pursuant to 28 U.S.C. § 1915(g). Plaintiff has not opposed the

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motion.

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Local Rule 230(l) provides in part: “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 . . . .” Id. On May 2, 2017, plaintiff was advised of the requirements

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for filing an opposition to a motion and that failure to oppose such a motion may be deemed a

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waiver of opposition to the motion. (ECF No. 19.)

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Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” Id. In the order filed May 2, 2017, plaintiff was also advised that failure to comply

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with the Local Rules may result in a recommendation that the action be dismissed.
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Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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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.

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Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date

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of this order, plaintiff shall file an opposition, if any, to the motion to revoke. Failure to file an

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opposition will be deemed as consent to grant the motion to revoke plaintiff’s in forma pauperis

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status or have the: (a) action dismissed for lack of prosecution; and (b) action dismissed based on

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plaintiff’s failure to comply with these rules and a court order. Such failure shall result in a

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recommendation that plaintiff’s in forma pauperis status be revoked or that this action be

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dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: August 10, 2017

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/diaz2083. nop

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