(PC) Sariaslan v. Rackley ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAMIN SARIASLAN, No. 2:15-cv-2492-MCE-EFB P 12 Plaintiff, 13 v. ORDER 14 RONALD RACKLEY, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action. On April 18 20, 2020, defendants Polasik and Rackley filed a motion for summary judgment and informed 19 plaintiff of the requirements for opposing a motion for summary judgment. See Fed. R. Civ. P. 20 56; Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998). ECF No. 69. Despite an extension 21 of time granted to plaintiff (ECF No. 72), he has not filed an opposition or a statement of non- 22 opposition to defendants’ motion. Polasik and Rackley 23 Pursuant to Local Rule 230(l), an “[o]pposition, if any, to the granting of the motion shall 24 be served and filed by the responding party not more than twenty-one (21), days after the date of 25 service of the motion.” Id. A responding party’s failure “to file an opposition or to file a 26 statement of no opposition may be deemed a waiver of any opposition to the granting of the 27 motion and may result in the imposition of sanctions.” 28 ///// 2.40 VV VETO NIN EP MUO PO PO Ee Oye ov 1 Furthermore, a party’s failure to comply with any order or with the Local Rules “may be 2 || grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 3 || within the inherent power of the Court.” Local Rule 110. The court may recommend that an 4 || action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the 5 | Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not 6 || abuse discretion in dismissing pro se plaintiff's complaint for failing to obey an order to re-file an 7 || amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 8 | 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiffs failure to comply with local rule 9 || regarding notice of change of address affirmed). 10 Accordingly, it is hereby ORDERED that, within 21 days of the date of this order, 11 | plaintiff shall file either an opposition to the motion for summary judgment or a statement of no 12 || opposition. Failure to comply with this order may result in a recommendation that this action be 13 | dismissed without prejudice. 14 | DATED: July 6, 2020. tid, PDEA 15 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28