Rider v. Walker et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/1/2011 ORDERING that w/in 30 days, pltf shall file an opposition, if any, to dfts' 25 motion to dismiss. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ANDRE RIDER,
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Plaintiff,
No. 2: 10-cv-0662 KJN P
Defendant.
ORDER
vs.
J. WALKER,
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/
On April 27, 2011, defendants Gyaami and Paulsen filed a motion to dismiss for
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failure to exhaust administrative remedies and for failure to state a claim pursuant to Federal
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Rule of Civil Procedure 12(b) and 12(b)(6). Plaintiff has not opposed the motion.
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Local Rule 230(l) provides in part: “Failure of the responding party to file written
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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to
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the granting of the motion . . . .” On December 6, 2010 plaintiff was advised of the requirements
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for filing an opposition to the motion and that failure to oppose such a motion may be deemed a
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waiver of opposition to the motion.
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Local Rule 110 provides that failure to comply with the Local Rules “may be
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grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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inherent power of the Court.” In the order filed December 6, 2010, plaintiff was advised
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that failure to comply with the Local Rules may result in a recommendation that the action be
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dismissed.
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Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the
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date of this order, plaintiff shall file an opposition, if any, to defendants’ motion to dismiss.
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Failure to file an opposition will be deemed as a statement of non-opposition and shall result in a
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recommendation that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).
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DATED: June 1, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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