(PC) Elliott v. Hart ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, No. 2:22-cv-1496 CSK P 12 Plaintiff, 13 v. ORDER 14 R. HART, et al., 15 Defendants. 16 17 On April 22, 2024, defendants filed a motion for summary judgment pursuant to Federal 18 Rule of Civil Procedure 56. Plaintiff did not oppose the motion. 19 Local Rule 230(l) provides in part: “Failure of the responding party to file written 20 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 21 the granting of the motion . . . .” Id. On August 28, 2023, plaintiff was advised of the 22 requirements for filing an opposition to a motion and that failure to oppose such a motion may be 23 deemed a waiver of opposition to the motion. (ECF No. 30 at 6-7, 9.) (citing see Rand v. 24 Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc); Klingele v. Eikenberry, 849 F.2d 409, 25 411-12 (9th Cir. 1988). On April 22, 2024, defendants also provided plaintiff with the notice 26 required under Rand, 154 F.3d at 957. (ECF No. 34-5.) 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. In the order filed August 28, 2023, plaintiff was also advised that failure to 2 || comply with the Local Rules may result in a recommendation that the action be dismissed. 3 Finally, Rule 41(b) of the Federal Rules of Civil Procedure provides: 4 Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to 5 dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any 6 dismissal not under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19--operates as 7 an adjudication on the merits. 8 | Id. 9 Good cause appearing, IT IS HEREBY ORDERED that, within thirty days from the date 10 | of this order, plaintiff shall file an opposition, if any, to defendants’ motion for summary 11 || judgment. Failure to file an opposition will be deemed as consent to have the: (a) action 12 || dismissed for lack of prosecution; and (b) action dismissed based on plaintiff's failure to comply 13 || with these rules and a court order. Said failure shall result in a recommendation that this action 14 || be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 15 16 || Dated: May 21, 2024 eq - S$ . CHI SOO KIM 18 UNITED STATES MAGISTRATE JUDGE 19 //elli1496.nop 20 21 22 23 24 25 26 27 28