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)

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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 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

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