Young v. Qureshi
Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 05/16/18 ORDERING that, within thirty days from the dateof this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DANNY GEROME YOUNG,
12
Plaintiff,
13
14
No. 2: 15-cv-2674 JAM KJN P
v.
ORDER
MUHAMMAD QURISHI, et al.,
15
Defendants.
16
On April 12, 2018, defendants filed a motion for summary judgment pursuant to Federal
17
18
Rule of Civil Procedure 56. Plaintiff has not opposed the motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written
19
20
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
21
the granting of the motion . . . .” Id. On February 1, 2017 and April 12, 2018, plaintiff was
22
advised of the requirements for filing an opposition to a motion and that failure to oppose such a
23
motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d
24
952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.
25
1988).
26
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for
27
imposition of any and all sanctions authorized by statute or Rule or within the inherent power of
28
the Court.” Id. In the order filed February 1, 2017, plaintiff was also advised that failure to
1
1
comply with the Local Rules may result in a recommendation that the action be dismissed.
2
Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
3
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.
4
5
6
7
8
9
Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date
of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment.
10
Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack
11
of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules
12
and a court order. Such a failure shall result in a recommendation that this action be dismissed
13
pursuant to Federal Rule of Civil Procedure 41(b).
14
Dated: May 16, 2018
15
16
17
18
19
20
Yo2674.nop
kc
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?