Benyamini v. Terry et al.

Filing 17

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/16 ORDERING that within 21 days of the date of this order, plaintiff shall file either an opposition to defendants motion or a statement of no opposition. Failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT BENYAMINI,

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No. 2:15-cv-2615-TLN-EFB P

Plaintiff,
v.

ORDER

TERRY, et al.,
Defendants.

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Plaintiff is a former state prisoner proceeding without counsel in an action brought under

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42 U.S.C. § 1983. On April 29, 2016, defendants filed a motion for an order declaring plaintiff a

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vexatious litigant and requiring security under Local Rule 151(b). ECF No. 14. Despite being

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granted a sixty day extension of time, plaintiff has not filed an opposition or a statement of non-

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opposition to defendants’ motion. The court warned plaintiff that it was not inclined to grant

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additional requests for extensions of time. ECF No. 16.

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A party’s failure to comply with any order or with the Local Rules “may be grounds for

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

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inherent power of the Court.” Local Rule 110. The court may recommend that an action be

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dismissed with or without prejudice, as appropriate, if a party disobeys an order or the Local

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Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse

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discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file an
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amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d

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1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule

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regarding notice of change of address affirmed).

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Accordingly, it is hereby ORDERED that, within 21 days of the date of this order,

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plaintiff shall file either an opposition to defendants’ motion or a statement of no opposition.

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Failure to comply with this order will result in a recommendation that this action be dismissed

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without prejudice.

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DATED: July 25, 2016.

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