(PC) Donaldson v. Garland et al

Filing 56

ORDER signed by Magistrate Judge Kendall J. Newman on 02/07/24 ORDERING plaintiff to file an opposition, if any, to the motion for summary judgment within 30 days of the date of this order. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JULIUS DONALDSON,

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Plaintiff,

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No. 2:21-cv-1178 DJC KJN P

v.

ORDER

UNITED STATES OF AMERICA, et al.,

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Defendants.

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On January 4, 2024, defendants filed a motion for summary judgment pursuant to Federal

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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. On January 5, 2024, plaintiff was advised of the

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requirements for filing an opposition to a motion and that failure to oppose such a motion may be

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deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir.

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1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). (ECF No. 54-

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1.)

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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. In the order filed March 23, 2023, plaintiff was also advised that failure to
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comply with the Local Rules may result in a recommendation that the action be dismissed. (ECF

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No. 21 at 5.)

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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.
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 for summary judgment.

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

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

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and a court order. Such failure shall result in a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: February 7, 2024

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/dona1178.nop

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