Underwood v. Win

Filing 34

ORDER signed by Magistrate Judge Kendall J. Newman on 6/7/2017 ORDERING Plaintiff, within 30 days from the date of this order, to file an opposition, if any, to 33 Motion for Summary Judgment. Failure to file an opposition shall result in recommendation this action be dismissed. (Henshaw, R)

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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 ERROL UNDERWOOD, 12 13 14 15 No. 2: 16-cv-0346 JAM KJN P Plaintiff, v. ORDER KHIN WIN, M.D., et al., Defendants. 16 17 18 19 On May 3, 2017, defendants filed a motion for summary judgment pursuant to Federal 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 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 June 23, 2016 and May 3, 2017, plaintiff was advised of 22 the requirements for filing an opposition to a motion and that failure to oppose such a motion may 23 be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th 24 Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 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 June 23, 2016, 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 for summary judgment. 9 Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 10 of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules 11 and a court order. Such failure shall result in a recommendation that this action be dismissed 12 pursuant to Federal Rule of Civil Procedure 41(b). 13 Dated: June 7, 2017 14 15 16 17 18 19 Un346.nop 20 21 22 23 24 25 26 27 28 2

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