(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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JULIUS DONALDSON, 12 Plaintiff, 13 14 No. 2:21-cv-1178 DJC KJN P v. ORDER UNITED STATES OF AMERICA, et al., 15 Defendants. 16 On January 4, 2024, defendants filed a motion for summary judgment pursuant to Federal 17 18 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 19 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. On January 5, 2024, plaintiff was advised of the 22 requirements for filing an opposition to a motion and that failure to oppose such a motion may be 23 deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 24 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). (ECF No. 54- 25 1.) 26 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 27 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 28 the Court.” Id. In the order filed March 23, 2023, plaintiff was also advised that failure to 1 1 comply with the Local Rules may result in a recommendation that the action be dismissed. (ECF 2 No. 21 at 5.) 3 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 4 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. 5 6 7 8 9 Id. Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 10 of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 11 Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 12 of prosecution; and (b) action dismissed based on plaintiff’s failure to comply with these rules 13 and a court order. Such failure shall result in a recommendation that this action be dismissed 14 pursuant to Federal Rule of Civil Procedure 41(b). 15 Dated: February 7, 2024 16 17 18 19 20 /dona1178.nop 21 22 23 24 25 26 27 28 2

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