(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICKY BOONE, 12 13 14 15 No. 2:20-cv-02100 WBS DB P Plaintiff, v. ORDER RUBY, et al., Defendants. 16 17 18 19 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 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 . . . .” Id. Local Rule 110 provides that failure to comply with the 22 Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or 23 Rule or within the inherent power of the Court.” Id. Plaintiff is hereby cautioned that failure to 24 comply with the Local Rules may result in a recommendation that the action be dismissed. 25 26 27 28 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, 1 1 improper venue, or failure to join a party under Rule 19--operates as an adjudication on the merits. 2 3 Id. 4 Good cause appearing, IT IS HEREBY ORDERED that, within 30 days from the date of 5 this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. Failure 6 to file an opposition will be deemed as consent to have the: (a) action dismissed for lack of 7 prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules and a 8 court order. Said failure shall result in a recommendation that this action be dismissed pursuant 9 to Federal Rule of Civil Procedure 41(b). 10 Dated: May 7, 2024 11 12 13 14 DLB7 boon2100.nooppo 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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