Washington v. Kelso et al
Filing
8
ORDER signed by Magistrate Judge Kendall J. Newman on 7/7/2017 ORDERING plaintiff to file, within 30 days from the date of this order, an opposition, if any, to the motion to dismiss. (Henshaw, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MICHAEL WASHINGTON,
12
13
14
15
No. 2:17-cv-1129 KJN P
Plaintiff,
v.
ORDER
J. LEWIS, Deputy Director, et al.,
Defendants.
16
17
On May 31, 2017, defendant Kelso filed a motion to dismiss this action pursuant to
18
Federal Rule of Civil Procedure 12. On June 9, 2017, the parties were notified that Local Rule
19
230(l) governs defendant’s motion. Twenty-one days from that date have passed, and plaintiff
20
has not opposed the motion.
21
Local Rule 230(l) provides in part: “Failure of the responding party to file written
22
opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
23
the granting of the motion . . . .” Id.
24
Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for
25
imposition of any and all sanctions authorized by statute or Rule or within the inherent power of
26
the Court.” Id. Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:
27
28
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
1
1
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.
2
3
4
5
Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date
6
of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an
7
opposition will be deemed as consent to have the: (a) action dismissed for lack of prosecution;
8
and (b) action dismissed based on plaintiff’s failure to comply with these rules and a court order.
9
Such failure shall result in a recommendation that this action be dismissed pursuant to Federal
10
Rule of Civil Procedure 41(b).
11
Dated: July 7, 2017
12
13
14
15
/wash1129.nop
16
17
18
19
20
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?