(PC) Johnson v. Newsom, et al.

Filing 65

ORDER signed by Magistrate Judge Chi Soo Kim on 6/5/2024 DIRECTING the plaintiff to file an Opposition to the 64 Motion to Dismiss within 30 days of this order, of this action will be recommended to be dismissed. (Woodson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELLIS E. JOHNSON,

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No. 2:21-cv-0828 KJM CSK P

Plaintiff,

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v.

ORDER

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MARTIN KUERSTEN, et al.,

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Defendants.

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On April 25, 2024, defendant Kuersten filed a motion to dismiss pursuant to Federal Rule

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of Civil Procedure 12. 1 (ECF No. 64.) 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. In defendant’s motion, plaintiff was reminded that his

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failure to oppose the motion could result in a recommendation that the motion be granted. (ECF

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No. 64 at 2.)

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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.

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Defendants CDCR and Director of Medical Services were dismissed without prejudice at
plaintiff’s election. (ECF Nos. 53, 54.)
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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 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.

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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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Said 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: June 5, 2024

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/1/john0828.nop.csk

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