(PC) Carr v. Balaji ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ARTHUR CARR, No. 2:19-cv-00688-TLN-EFB (PC) 12 Plaintiff, 13 v. ORDER 14 A. BALAJI, et al., 15 Defendants. 16 17 Plaintiff is a federal prisoner pursuing a civil rights action under 42 U.S.C. § 1983. On 18 February 28, 2023, defendants filed a motion for summary judgment. ECF No. 68. On August 2, 19 2023, the court ordered petitioner to file an opposition to the motion by October 30, 2023. ECF 20 No. 83. Plaintiff has not filed an opposition or a statement of non-opposition to defendant’s 21 motion. 22 Pursuant to Local Rule 230(l), an “[o]pposition, if any, to the granting of the motion shall 23 be served and filed by the responding party not more than twenty-one (21), days after the date of 24 service of the motion.” Id. A responding party’s failure “to file an opposition or to file a 25 statement of no opposition may be deemed a waiver of any opposition to the granting of the 26 motion and may result in the imposition of sanctions.” Id. 27 Furthermore, a party’s failure to comply with any order or with the Local Rules “may be 28 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 1 || within the inherent power of the Court.” Local Rule 110. The court may recommend that an 2 || action be dismissed with or without prejudice, as appropriate, if a party disobeys an order or the 3 | Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1263 (9th Cir. 1992) (district court did not 4 | abuse discretion in dismissing pro se plaintiffs complaint for failing to obey an order to re-file an 5 || amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856 F.2d 6 | 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiffs failure to comply with local rule 7 || regarding notice of change of address affirmed). 8 Accordingly, it is hereby ORDERED that, within 30 days of the date of this order, 9 | plaintiff shall file either an opposition to the motion for summary judgment or a statement of no 10 | opposition. Failure to comply with this order may result in a recommendation that this action be 11 | dismissed without prejudice. Hr 13 || Dated: November 17, 2023 Zoe! ee ATH, EDMUND F. BRENNAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28