Allan v. Sahota et al

Filing 49

ORDER signed by Magistrate Judge Allison Claire on 05/30/19 ORDERING that, within 30 days of the date of this order, plaintiff shall file an opposition, if any, to defendants motion for summary judgment 44 .(Plummer, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TRISTAN D. ALLAN, 11 Plaintiff, 12 13 No. 2:16-cv-0695 MCE AC P v. ORDER P. SAHOTA, et al., 14 Defendants. 15 Defendants moved for summary judgment on November 9, 2018. See ECF No. 44. 16 17 Plaintiff has not filed an opposition to the motion, nor has he filed a statement of non-opposition 18 to it. 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 . . . .” On June 12, 2017, plaintiff was advised of the requirements for 22 filing an opposition to the motion and that failure to oppose such a motion may be deemed a 23 waiver of opposition to the motion. See ECF No. 13 at 3. Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 24 25 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 26 the Court.” In the order issued June 12, 2017, plaintiff was advised that failure to comply with 27 the Local Rules may result in a recommendation that the action be dismissed. See ECF No. 13 at 28 5. 1 1 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of 2 this order, plaintiff shall file an opposition, if any, to defendants’ motion for summary judgment 3 (see ECF No. 44). Failure to file an opposition will be deemed a statement of non-opposition and 4 shall result in a recommendation that this action be dismissed pursuant Federal Rule of Civil 5 Procedure 41(b). 6 DATED: May 30, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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