(PC)Trehearne v. Amador County ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS TREHEARNEL, No. 2:22-cv-00254 DB P 12 Plaintiff, 13 v. ORDER TO SHOW CAUSE 14 AMADOR COUNTY, 15 Defendants. 16 17 Plaintiff is a former1 county inmate proceeding pro se and in forma pauperis with a civil 18 rights action pursuant to 42 U.S.C. § 1983. On December 12, 2022, defendant Amador County 19 filed a motion to dismiss. (ECF No. 11.) Plaintiff has not filed an opposition or statement of 20 non-opposition to the motion. 21 Local Rule 230(1) provides in part: “Failure of the responding party to file written 22 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 23 the granting of the motion . . . .” On August 1, 2022, plaintiff was advised of the requirements for 24 1 Review of the Amador County inmate locator website indicates that plaintiff is no longer in 25 custody. The court may take judicial notice of information stored on Amador County’s inmate locator website. See In re Yahoo Mail Litig., 7 F. Supp. 3d 1016, 1024 (N.D. Cal. 2014) (a court 26 may take judicial notice of information on “publicly accessible websites” not subject to 27 reasonable dispute); Louis v. McCormick Schmick Restaurant Corp., 460 F. Supp. 2d 1153, 1155 fn. 4 (C.D. Cal. 2006) (court may take judicial notice of state agency records). Plaintiff has not 28 updated his address with the court as required by Eastern District of California Local Rule 182(f). 1 filing an opposition to a motion to dismiss and that failure to oppose such a motion may be 2 deemed a waiver of opposition to the motion. (ECF No. 8 at 3.) 3 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of 4 this order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an 5 opposition will be deemed a statement of non-opposition and shall result in a recommendation 6 that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 7 Dated: April 3, 2023 /s/DEBORAH BARNES 8 UNITED STATE MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 DB:12 DB/DB Prisoner Inbox/Civil Rights/R/treh0254.46dm 19 20 21 22 23 24 25 26 27 28