Benyamini v. Terry et al.

Filing 26

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/20/17 ordering that within 21 days of the date of this order, plaintiff shall file either an opposition to the motion to dismiss or a statement of no opposition. (Plummer, 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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Plaintiff,

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No. 2:15-cv-02615-TLN-EFB P

v.

ORDER

TERRY, et al.,

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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 March 15, 2017, defendants filed a motion to dismiss this action as barred

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by the statute of limitations. See Fed. R. Civ. P. 12(b)(6). Plaintiff has not filed an opposition or

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a statement of non-opposition to defendant’s motion.
Although plaintiff is no longer in custody, Local Rule 230(l) continues to apply. That rule

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provides that “opposition, if any, to the granting of the motion shall be served and filed by the

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responding party not more than twenty-one (21), days after the date of service of the motion.”

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E.D. Cal. L.R. 230(l). A responding party’s failure “to file an opposition or to file a statement of

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no opposition may be deemed a waiver of any opposition to the granting of the motion and may

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result in the imposition of sanctions.” Id.

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Furthermore, a party’s failure to comply with any order or with the Local Rules “may be

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

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within the inherent power of the Court.” E.D. Cal. L.R. 110. The court may recommend that an

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

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

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abuse 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 the motion to dismiss or a statement of no opposition.

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

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without prejudice.

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DATED: April 20, 2017.

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