IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 3, 2010
GREGORY W. BRANNON, PLAINTIFF,
R. KADEVARI, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1) and is before the undersigned pursuant to the parties' consent. See 28 U.S.C. § 636.
On July 2, 2010, defendants Shackford and Mihelich filed a motion for more definite statement. See Fed. R. Civ. P. 12(e). On April 21, 2010, the court advised plaintiff of the requirements for opposing a motion made pursuant to Rule 12. That order also informed plaintiff of the requirements for filing an opposition to the pending motion and that failure to oppose such a motion might be deemed a waiver of opposition to the motion. Plaintiff failed to file an opposition. ////
On September 30, 2010, the court gave plaintiff 21 days to file an opposition or statement of non-opposition and warned him that failure to do so could result in dismissal. See Fed. R. Civ. P. 41(b). The 21 days have passed and plaintiff did not file an opposition or a statement of no opposition.*fn1
Plaintiff has been warned that he must file a response to defendants' motion. Plaintiff has disobeyed this court's orders and failed to prosecute this action. The appropriate sanction is dismissal without prejudice.
Accordingly, this action is dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).