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Brian S. Seefeldt v. California Department of Corrections and Rehabilitations

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 25, 2011

BRIAN S. SEEFELDT, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, ET AL., DEFENDANTS.

ORDER

By order filed December 23, 2009, this court granted plaintiff's motion to stay this action for a period of six months pending his recovery from neurosurgery to remove a tumor. The December 23, 2009 order provided that this action would not proceed further unless and until plaintiff filed a motion to lift the stay. Plaintiff has filed nothing further in this action.

On February 18, 2011, defendants filed a motion to dismiss for lack of prosecution pursuant to Federal Rule of Civil Procedure 41. Plaintiff has not opposed the motion.

Local Rule 230(l) provides in part: "Failure of the responding party to file written opposition or to file a statement of no opposition may be deemed a waiver of any opposition to the granting of the motion . . . ." On July 21, 2008, plaintiff was advised of the requirements for filing an opposition to the motion and that failure to oppose such a motion may be deemed a waiver of opposition to the motion.

Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." In the order filed July 21, 2008, plaintiff was advised that failure to comply with the Local Rules may result in a recommendation that the action be dismissed.

Good cause appearing, IT IS HEREBY ORDERED that, within thirty days of the date of this order, plaintiff shall file an opposition, if any he has, to the motion to dismiss or a statement of non-opposition. Failure to comply with this order will result in a recommendations that this action be dismissed pursuant Federal Rule of Civil Procedure 41(b).

20110325

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