(HC) Smith v. California Department of Correction and Rehabilitation ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TORIANO GERMAINE SMITH, No. 2:19-cv-2282-KJM-EFB P 12 Petitioner, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTION AND 15 REHABILITATION, 16 Respondent. 17 18 Petitioner proceeds without counsel and seeks a writ of habeas corpus pursuant to 28 19 U.S.C. § 2254. On January 31 2020, respondent filed a motion to dismiss. ECF No. 10. 20 Petitioner has not filed an opposition or a statement of no opposition to respondents’ motion to 21 dismiss and the time for doing so has expired. 22 A responding party’s failure “to file written opposition or to file a statement of no 23 opposition may be deemed a waiver of any opposition to the granting of the motion and may 24 result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the 25 Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or 26 Rule or within the inherent power of the Court.” L. R. 110. The court may dismiss this action 27 with or without prejudice, as appropriate, if a party disobeys an order or the Local Rules. See 28 Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not abuse discretion in 1 | dismissing pro se plaintiff's complaint for failing to obey an order to re-file an amended 2 || complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 1439, 3 | 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local rule 4 || regarding notice of change of address affirmed). 5 Accordingly, it is hereby ORDERED that, within 21 days of the date of this order, 6 || petitioner shall file either an opposition to the motion to dismiss or a statement of no opposition. 7 | Failure to comply with this order will result in a recommendation that this action be dismissed 8 || without prejudice. 9 | Dated: February 25, 2020. Eg Vout 4 hub Li At 10 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28