(PS) Mohamed v. United States ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ABDO YAHRA MOHAMED, No. 2:18-cv-2303-TLN-EFB PS 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 UNITED STATES, 15 Defendant. 16 17 Defendant filed a motion to dismiss the complaint’s second cause of action pursuant to 18 Federal Rule of Civil Procedure12(b)(6), which it noticed for hearing on December 18, 2019. 19 ECF No. 13. Court records reflect plaintiff has not filed an opposition or statement of non- 20 opposition to the motion. 21 Local Rule 230(c) provides that opposition to the granting of a motion, or a statement of 22 non-opposition thereto, must be served upon the moving party, and filed with this court, no later 23 than fourteen days preceding the noticed hearing date or, in this instance, by December 4, 2019. 24 Local Rule 183, governing persons appearing in pro se, provides that failure to comply with the 25 Federal Rules of Civil Procedure and Local Rules may be grounds for dismissal, judgment by 26 default, or other appropriate sanctions. Local Rule 110 provides that failure to comply with the 27 Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by 28 statute or Rule or within the inherent power of the Court.” See also Ghazali v. Moran, 46 F.3d 1 | 52,53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is a proper ground for 2 || dismissal.”). Pro se litigants are bound by the rules of procedure, even though pleadings are 3 | liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). 4 Accordingly, good cause appearing, it is hereby ORDERED that: 5 1. The hearing on defendant’s motion to dismiss is continued to January 15, 2020 at 6 || 10:00 a.m. in Courtroom No. 8. 7 2. Plaintiff shall show cause, in writing, no later than December 30, 2019, why sanctions 8 || should not be imposed for failure to timely file an opposition or a statement of non-opposition to 9 | defendant’s motion. 10 3. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto, 11 | no later than December 30, 2019. 12 4. Failure to file an opposition to the motion will be deemed a statement of non- 13 || opposition thereto, and may result in a recommendation that this action be dismissed for lack of 14 || prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed. 15 | R. Civ. P. 41(b). 16 5. Defendant may file a reply to plaintiff's opposition, if any, on or before January 8, 17 | 2020. 18 19 | DATED: December 12, 2019 20 = 22 EDMUND F. BRENNAN 73 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28