Walton v. Sing et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 6/10/2011 ORDERING that, w/in 28 days, pltf shall file an opposition, if any, to the 12 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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RONALD WALTON,
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Plaintiff,
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vs.
V. SING, et al.,
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ORDER
Defendants.
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No. CIV S-10-3167 GGH P
On April 15, 2011, defendant filed a motion to dismiss pursuant to Federal Rule
of Civil Procedure 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 January 31, 2011, 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 January 31, 2011, 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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IT IS HEREBY ORDERED that, within twenty-eight days of the date of this
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order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an
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opposition will be deemed as a statement of non-opposition and shall result in a recommendation
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that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).
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DATED: June 10, 2011
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/s/ Gregory G. Hollows
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UNITED STATES MAGISTRATE JUDGE
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GGH: AB
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