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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL WASHINGTON,

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No. 2:17-cv-1129 KJN P

Plaintiff,
v.

ORDER

J. LEWIS, Deputy Director, et al.,
Defendants.

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On May 31, 2017, defendant Kelso filed a motion to dismiss this action pursuant to

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Federal Rule of Civil Procedure 12. On June 9, 2017, the parties were notified that Local Rule

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230(l) governs defendant’s motion. Twenty-one days from that date have passed, and plaintiff

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has not opposed the motion.

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Local Rule 230(l) provides in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” Id.

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Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.” Id. Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides:

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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
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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.

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Id.
Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date

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of this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an

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opposition will be deemed as consent to have the: (a) action dismissed for lack of prosecution;

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and (b) action dismissed based on plaintiff’s failure to comply with these rules and a court order.

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Such failure shall result in a recommendation that this action be dismissed pursuant to Federal

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Rule of Civil Procedure 41(b).

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Dated: July 7, 2017

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/wash1129.nop

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