West v. Pettigrew et al
Filing
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ORDER signed by Magistrate Judge John F. Moulds on 11/22/2011 ORDERING that, within 30 days, plaintiff shall file an opposition or a statement of non-opposition to the 15 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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MACK WEST,
Plaintiff,
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No. 2:11-cv-1692 JFM (PC)
vs.
RYAN PETTIGREW, et al.,
Defendants.
ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to
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42 U.S.C. § 1983. Plaintiff and all of the defendants who have appeared in this action have
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consented to proceed before a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
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On October 20, 2011, defendants Pettigrew, Gayson, Ortega. Coyle, Tayson,
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Brooks, Moore, Fisher, and Broadman filed a motion to dismiss pursuant to Federal Rule of Civil
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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 August 19, 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 August 19, 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.
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 he has, to the motion to dismiss or a
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statement of non-opposition. Failure to comply with this order will result in dismissal of these
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defendants pursuant Federal Rule of Civil Procedure 41(b).
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DATED: November 22, 2011.
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