(PC) Boone v. Ruby et al

Filing 57

ORDER signed by Magistrate Judge Deborah Barnes on 05/07/2024 DIRECTING Plaintiff to file an opposition, if any, to the 53 Motion for Summary Judgment within 30 days. (Spichka, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICKY BOONE,

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No. 2:20-cv-02100 WBS DB P
Plaintiff,

v.

ORDER

RUBY, et al.,
Defendants.

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On April 4, 2024, defendants filed a motion for summary judgment pursuant to Federal
Rule of Civil Procedure 56. Plaintiff did not oppose the motion.
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. Local Rule 110 provides that failure to comply with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.” Id. Plaintiff is hereby cautioned that failure to

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comply with the Local Rules may result in a recommendation that the action be dismissed.

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In addition, Rule 41(b) of the Federal Rules of Civil Procedure provides:
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,
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improper venue, or failure to join a party under Rule 19--operates as
an adjudication on the merits.

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Id.

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Good cause appearing, IT IS HEREBY ORDERED that, within 30 days from the date of

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this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure

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

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prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules and a

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court order. Said failure shall result in a recommendation that this action be dismissed pursuant

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to Federal Rule of Civil Procedure 41(b).

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Dated: May 7, 2024

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DLB7
boon2100.nooppo

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