(PC) Perry v. Brevick ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK LEE PERRY, No. 2: 21-cv-0065 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 BREVICK, et al., 15 Defendants. 16 17 On January 6, 2023, defendants filed a motion for partial summary judgment, pursuant to 18 Federal Rule of Civil Procedure 56, on the grounds that plaintiff failed to exhaust administrative 19 remedies as to his claims against defendant Moran. Plaintiff did not oppose the motion. 20 Local Rule 230(l) provides in part: “Failure of the responding party to file written 21 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 22 the granting of the motion . . . .” Id. On November 2, 2021, and January 6, 2023, plaintiff was 23 advised of the requirements for filing an opposition to a motion and that failure to oppose such a 24 motion may be deemed a waiver of opposition to the motion. See Rand v. Rowland, 154 F.3d 25 952, 957 (9th Cir. 1998) (en banc), and Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 26 1988). 27 Local Rule 110 provides that failure to comply with the Local Rules “may be grounds for 28 imposition of any and all sanctions authorized by statute or Rule or within the inherent power of 1 || the Court.” Id. 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: February 8, 2023 AO Norra 16 KENDALL J. Wha UNITED STATES MAGISTRATE JUDGE 17 18 Per65.nop 19 20 21 22 23 24 25 26 27 28