Prophet v. Clark et al
Filing
39
ORDER REQUIRING Plaintiff to File Opposition or Statement of Non-Opposition to Defendant Kamel's 36 Motion to Dismiss within Thirty Days signed by Magistrate Judge Gary S. Austin on 6/20/2011. Opposition or Non-Opposition Due by 7/25/2011. (Sant Agata, S)
<![CDATA[
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JOSEPH DANNY PROPHET,
12
Plaintiff,
13
14
1:07-cv-01785-AWI-GSA-PC
ORDER REQUIRING PLAINTIFF TO FILE
OPPOSITION OR STATEMENT OF NONOPPOSITION TO DEFENDANT KAMEL’S
MOTION TO DISMISS WITHIN THIRTY
DAYS
v.
C/O QUEEN,
15
Defendant.
(ECF No. 36)
/
16
17
On May 19, 2011, Defendant filed a motion to dismiss. Plaintiff was required to file an
18
opposition or a statement of non-opposition to the motion within twenty-one days, but has not done
19
so. Local Rule 230(l).
20
Local Rule 230(l) provides that the failure to oppose a motion "may be deemed a waiver
21
of any opposition to the granting of the motion..." The court will deem any failure to oppose
22
Defendant's motion to dismiss as a waiver, and recommend that the motion be granted on that
23
basis.
24
Failure to follow a district court's local rules is a proper grounds for dismissal. U.S. v.
25
Warren, 601 F.2d 471, 474 (9th Cir. 1979). Thus, a court may dismiss an action for plaintiff's
26
failure to oppose a motion to dismiss, where the applicable local rule determines that failure to
27
oppose a motion will be deemed a waiver of opposition. See Ghazali v. Moran, 46 F.3d 52 (9th
28
Cir. 1995), cert. denied 516 U.S. 838 (1995) (dismissal upheld even where plaintiff contends he
did not receive motion to dismiss, where plaintiff had adequate notice, pursuant to Fed. R. Civ.
1
P. 5(b), and time to file opposition); cf. Marshall v. Gates, 44 F.3d 722, 725 (9th Cir. 1995);
2
Henry v. Gill Industries, Inc., 983 F.2d 943, 949-50 (9th Cir. 1993) (motion for summary
3
judgment cannot be granted simply as a sanction for a local rules violation, without an
4
appropriate exercise of discretion).
5
Accordingly, within thirty days of the date of service of this order, Plaintiff shall file an
6
opposition or statement of non-opposition to the motion to dismiss filed by Defendant. If
7
Plaintiff fails to comply with this order, the Court will deem the failure to respond as a waiver,
8
and recommend that the motion be granted on that basis.
9
10
IT IS SO ORDERED.
11
Dated:
6i0kij
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
June 20, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
