Walton v. Sing et al

Filing 16

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD WALTON, 11 Plaintiff, 12 13 vs. V. SING, et al., 14 ORDER Defendants. 15 / 16 17 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. 18 Local Rule 230(l) provides in part: “Failure of the responding party to file written 19 opposition or to file a statement of no opposition may be deemed a waiver of any opposition to 20 the granting of the motion . . . .” On January 31, 2011, plaintiff was advised of the requirements 21 for filing an opposition to the motion and that failure to oppose such a motion may be deemed a 22 waiver of opposition to the motion. 23 Local Rule 110 provides that failure to comply with the Local Rules “may be 24 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 25 inherent power of the Court.” In the order filed January 31, 2011, plaintiff was advised 26 ///// 1 1 that failure to comply with the Local Rules may result in a recommendation that the action be 2 dismissed. 3 IT IS HEREBY ORDERED that, within twenty-eight days of the date of this 4 order, plaintiff shall file an opposition, if any, to the motion to dismiss. Failure to file an 5 opposition will be deemed as a statement of non-opposition and shall result in a recommendation 6 that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b). 7 DATED: June 10, 2011 8 /s/ Gregory G. Hollows 9 UNITED STATES MAGISTRATE JUDGE 10 GGH: AB walt3167.46.osc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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