(PC) Martin v. Her ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SMILEY MARTIN, No. 2: 18-cv-1658 KJN P 12 Plaintiff, 13 v. ORDER 14 J. HER, et al., 15 Defendants. 16 17 On September 6, 2019, defendant filed a summary judgment motion pursuant to Federal 18 Rule of Civil Procedure 56. Plaintiff has not opposed the motion. 19 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. On July12, 2018 and September 6, 2019, plaintiff was 22 advised of the requirements for filing an opposition to a motion and that failure to oppose such a 23 motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 24 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 25 1988). 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 July 12, 2018, plaintiff was also advised that failure to comply 1 | with the Local Rules may result in a recommendation that the action be dismissed. 2 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 3 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 4 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 5 dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as 6 an adjudication on the merits. 7 | Id. 8 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 9 | of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. 10 | Failure to file an opposition will be deemed as consent to have the: (a) action dismissed for lack 11 | of prosecution; and (b) action dismissed based on plaintiffs failure to comply with these rules 12 | and acourt order. Such failure shall result in a recommendation that this action be dismissed 13 || pursuant to Federal Rule of Civil Procedure 41(b). 14 | Dated: October 2, 2019 Is Ad 16 KENDALL J. Wha UNITED STATES MAGISTRATE JUDGE 17 18 Mart1658.nop 19 20 21 22 23 24 25 26 27 28