Jones v. Farley
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/13/2011 ORDERING that w/in 30 days, pltf shall file either an opposition or a statement of non-opposition to the 17 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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MALIK JONES,
Plaintiff,
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vs.
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No. CIV S-10-1169 EFB P
T. FARLEY, et al.,
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Defendants.
ORDER
/
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On March 16, 2011, defendant Farley filed a motion to dismiss for failure to comply with
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California’s Tort Claims Act. See Fed. R. Civ. P. 12(b)(6). Plaintiff has not opposed the motion,
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despite being granted an extension of time to do so.
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A responding party’s failure “to file written opposition or to file a statement of no
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opposition may be deemed a waiver of any opposition to the granting of the motion and may
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result in the imposition of sanctions.” L. R. 230(l). Failure to comply with any order or with the
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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or
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Rule or within the inherent power of the Court.” L. R. 110. The court may recommend this
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action be dismissed with or without prejudice, as appropriate, if plaintiff disobeys an order or the
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Local Rules. See Ferdik v. Bonzelet, 963 F.2d 1258, 1252 (9th Cir. 1992) (district court did not
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abuse discretion in dismissing pro se plaintiff’s complaint for failing to obey an order to re-file
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an amended complaint to comply with Federal Rules of Civil Procedure); Carey v. King, 856
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F.2d 1439, 1440-41 (9th Cir. 1988) (dismissal for pro se plaintiff’s failure to comply with local
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rule regarding notice of change of address affirmed);
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On November 10, 2010, the court advised plaintiff of the requirements for filing an
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opposition to the motion, that failure to oppose such a motion may be deemed a waiver of
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opposition to the motion, and that failure to comply with the Local Rules may result in a
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recommendation of dismissal.
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Accordingly, it is hereby ORDERED that, within 30 days of the date of this order,
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plaintiff shall file either an opposition to the motion to dismiss or a statement of non-opposition.
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Failure to comply with this order will result in a recommendation that this action be dismissed
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without prejudice.
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DATED: June 13, 2011.
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